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Full text of "The revised laws of Illinois"

LIBRARY OF 

KNOX COLLEGE 




FINLEY- COLLECTION- ONTHE 
HI STORY- AND • ROMANCE ■ OE 
§€ • THE -NORTHWEST • 8g 



PRESENTED BY 
EDWARD • CALDWELL 



Digitized by the Internet Archive 

in 2012 with funding from 

CARLI: Consortium of Academic and Research Libraries in Illinois 



http://archive.org/details/revisedlawsofilOOilli 



THE 

PUBLIC AND GENERAL 

STATUTE L A W'S 

^ OF THE 

STATE OF ILLINOIS: 

CONTAINING 

ALL THE LAWS PUBLISHED IN THE " REVISED STATUTES" OF 1833, EXCEPT SUCH AS 

ARE REPEALED,— TOGETHER WITH ALL THE ACTS OF A GENERAL AND 

PUBLIC NATURE, PASSED BY THE NINTH GENERAL 

ASSEMBLY, AT THEIR 

FIRST SESSION, 

COMMENCING 

DECEMBER 1, 1834, AND ENDING FEBRUARY 13, 1835; 

AND AT THEIR 

SECOND SESSION, 

COMMENCING 

DECEMBER 7, 1835, AND ENDING JANUARY 18, 1836; 

AND THOSE PASSED BY THE 

TENTH GENERAL ASSEMBLY, 

AT THEIR SESSION 

COMMENCING DECEMBER 5, 1836, AND ENDING MARCH 6, 1837; 

AND AT THEIR 

SPECIAL SESSION, 

COMMENCING 

JULY 10, AND ENDING JULY 22, 1837; WHICH ARE NOT REPEALED : 

AND ALSO THE 

MILITIA X. A. W. 



COMPILED AND 

ARRANGED ALPHABETICALLY, 

WITH 
OCCASIONAL REFERENCES. 



CHICAGO : 

PUBLISHED BY STEPHEN F. GALE, 

1 839. 






> 







PREFACE. 



This edition of the Statutes of the State of Illinois, has been compiled 
from the Laws published under the direction of the General Assembly ; and, 
it is believed, contains all the laws of a public nature now in force in this 
State, except those enumerated in the second section of the Act entitled 
" An Act declaring what laws of a general nature shall be published with 
the acts of a general nature of this session," passed March 2, 1833. As the 
last named acts are not contained in the " Revised Laws," the compiler has 
not deemed it necessary to insert them in this edition. They are volumin- 
ous, and would swell the size of the volume, and consequently increase the 
price of the book, without, it is believed, conferring a corresponding benefit 
upon the purchaser. They relate mostly to the. boundaries and organization 
of counties, the old State Bank, and such other matters as are not of gener- 
al application, though technically coming under the description of public 
acts. In excluding them the compiler has followed the example of the 
Legislature. 

The acts creating the Municipal Courts of the cities of Alton and Chicago, 
and the acts in relation thereto, are not inserted, for the reason that it would 
be difficult to publish so much of said acts as relates to the courts without 
inserting the charters of the cities. For a similar reason, the acts increasing 
the salaries of the several Judges and other officers, are not to be found in 
this volume. 

It will be perceived, that there is a great want of uniformity in the punctu- 
ation of the laws. The same remark, to a less extent, is applicable to their 
orthography. It has been the endeavor of the compiler to make the laws 
contained in this volume, verbatim et literatim copies of the originals publish- 
ed by the public printer, so far as the latter are unrepealed. 

The highest judicial tribunal of one of the proudest states in the Union, 
having founded its decision, in a certain case which came under its consid- 
eration, upon the punctuation of a statute, it would be highly censurable for 
a publisher to alter the punctuation of a law book, even for the purpose of 
correcting what might seem a palpable error, occasioned by a lapsus pennce. 

One of Cromwell's judges is reported to have said that it was " impossi- 
ble to spell correctly with Irish goose quills." Whether it was from a 






X 



similar cause, that ti errtJfT •c , oW!ffl^^Ml»*is i '^^kmftfWginated, it is not 
necessary to determine. 

Every thing which relates to the literature of the Statutes, has been left 
untouched. If our laws are deficient in this particular, we have but followed 
in the footsteps of our elder sisters. 

The Militia Law of 1833, was not published in the " Revised Laws." 
It was printed in a separate book. It is inserted in this volume. 

The " Revised Laws" are not within the reach of the public. The edi- 
tion printed by the Legislature, has been long since exhausted ; and very 
many of the officers in the northern counties, are unsupplied, and find it 
impossible to obtain a copy of them. Private individuals cannot procure 
them. Under these circumstances, the publisher came to the determination 
to publish an edition of the statutes, containing all the public acts now in 
force, and omitting all such as have been repealed. 

The subjects legislated upon in the different acts, are frequently found 
in inappropriate places. For instance : The act of Jan. 31, 1827, in 
relation to conveyances, requires that all deeds, &c. shall be recorded within 
twelve months. This act is amended by limiting the time to six months, 
by the act of January 22, 1829. Both these acts are found under the ap- 
propriate title of conveyances. But under the head of " State Recorder" is 
found " An act abolishing the office of State Recorder," the fifth section 
of which requires after the first day of August, 1833, all deeds, &c. to be 
filed for record before they can take effect as to creditors and subsequent 
purchasers, — thereby repealing the beforementioned provisions of the acts 
found under the head of conveyances, and making void all deeds, &c. as to 
creditors, and subsequent purchasers, until the same are filed for record. 
No person would expect to find such a provision in an act to abolish the of- 
fice of State Recorder ; and any person by examining the acts under the 
head of conveyances, would very naturally be misled. 

To obviate, in a great degree, such difficulties, marginal notes referring to 
the different statutes upon the same subject, have been inserted. The com- 
piler does not profess to have noted every instance where such a reference 
would have been convenient, but he believes he has not omitted many. 
The Table of Contents and the Index cannot be prepared until the body of 
of the work is printed. They have therefore been committed to competent 
hands upon the spot where the printing is to be done. 

THE COMPILER. 
Chicago, April, 1839. 



* i 



/H 



DECLARATION OF INDEPENDENCE, 

IN CONGRESS, JULY 4th, 1776. 



THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED STATES OF 

AMERICA. 

WHENfin the course of human events, it becomes necessary for one 
people to dissolve the political bands which have connected them with an- 
other> and to assume among the powers of the earth the separate and equal 
station to which the laws of nature and of nature's God entitle them, a 
decent respect to the opinions of mankind requires, that they should declare 
the causes which impel them to the separation. 

We 1-fold these truths to be self-evident : that, all men are created equal ; 
that they are endowed by their Creator with certain unalienable rights ; that 
among tjiese are life, liberty, and the pursuit of happiness. That, to secure 
these rkhts, governments are instituted among men, deriving their just 
powers from the consent of the governed ; that whenever any form of 
government becomes destructive of these ends, it is the right of the people 
to alter or to abolish it, and to institute new government, laying its founda- 
tion on such principles, and organizing its powers in such form, as to them 
shall seem most likely to effect their safety and happiness. Prudence, 
indeed, will dictate, that governments long established should not be changed 
for light and transient causes ; and accordingly all experience hath shown, 
that mankind are more disposed to suffer, while evils are sufferable, than to 
right # themselves by abolishing the forms to which they are accustomed. 
But when a long train of abuses and usurpations, pursuing invariably the 
same^bbject, evinces a design to reduce them under absolute despotism, it 
is their right, it is their duty to throw off such government, and to provide 
new guards for their future security. Such has been the patient sufferance 
of these colonies ; and such is now the necessity which constrains them to 
alter their former systems of government. The history of the present king 
of Great Britain is a history of repeated injuries and usurpations, all having 
in direct object the establishment of an absolute tyranny over these states. 
To fjrove this, let facts be submitted to a candid world. 

He has refused his assent to laws the most wholesome and necessary for 
the public good. 

He has forbidden his governors to pass laws of immediate and pressing 
importance, unless suspended in their operation till his assent should be 
obtained, and, when so suspended, he has utterly neglected to attend td 
them. 

1 



2 DECLARATION OF INDEPENDENCE. 

He has refused to pass other laws for the accommodation of large districts 
of people, unless those people would relinquish the right of representation in 
the legislature — a right inestimable to them, and formidable to tyrants only. 

He has called together legislative bodies, at places unusual, uncomforta- 
ble, and distant from the repository of their public records, for the sole pur- 
pose of fatiguing them into compliance with his measures. 

He has dissolved representative houses repeatedly, for opposing with 
manly firmness his invasions on the rights of the people. t 

He has refused for a long time after such dissolutions to cause others to 
be elected ; whereby the legislative powers, incapable of annihilation, have 
returned to the people at large for their exercise ; the state.remaining, in 
the mean time, exposed to all the dangers of invasion from withcjut and con- 
vulsions within. 

He has endeavored to prevent the population of these states ; for that 
purpose obstructing the laws for naturalization of foreigners ; refusing to pass 
others to encourage their migration hither, and raising the conditions of 
new appropriations of lands. 

He has obstructed the administration of justice, by refusing his assent to 
laws for establishing judiciary powers. . . 

He has made judges dependent on his will alone for the tenure of their 
offices, and the amount and payment of their salaries. 

He has erecied a multitude of new offices, and sent hither swarms of offi- 
cers to harass our people and eat out their substance. 

He has kept among us, in times of peace, standing armies, without the 
consent of our legislatures. 

He has affected to render the military independent of, and superior to, 
the civil power. 

He has combined with others to subject us to a jurisdiction foreign to 
our constitution, and unacknowledged by our laws ; giving his assent to 
their acts of pretended legislation : 

For quartering large bodies of armed troops among us : 

For protecting them by a mock trial from punishment for any murders 
which they should commit on the inhabitants of these states : 

For cutting off our trade with all parts of the world : 

For imposing taxes on us, without our consent : 

For depriving us, in many cases, of the benefits of trial by jury : ' 

For transporting us beyond seas, to be tried for pretended offences": 

For abolishing the free system of English laws in a neighboring province, 
establishing therein an arbitrary government, and enlarging its boundaries so 
as to render it at once an example and fit instrument for introducing the 
same absolute rule into these colonies : 

For taking away our charters, abolishing our most valuable laws, and 
altering fundamentally the forms of our governments : 

For suspending our own legislatures, and declaring themselves invested 
with power to legislate for us in all cases whatsoever. 

He has abdicated government here, by declaring us out of his protection, 
and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt our towns, and 
destroyed the lives of our people. 

He is, at this time, transporting large armies of foreign mercenaries to 
complete the works of death, desolation, and tyranny, already begun, with 
circumstances of cruelty and perfidy, scarcely paralleled in the most barba- 
rous ages, and totally unworthy the head of a civilized nation. 



DECLARATION OF INDEPENDENCE. 3 

He has constrained our fellow-citizens, taken captive on the high seas, to 
bear arms against their country, to become the executioners of their friends 
and brethren, or to fall themselves by their hands. 

He has excited domestic insurrections amongst us, and has endeavored to 
bring on the inhabitants of our frontiers the merciless Indian savages, whose 
known rule of warfare is an undistinguished destruction of all ages, sexes, 
and conditions. 

In every stage of these oppressions we have petitioned for redress, in the 
most humble terms ; our repeated petitions have been answered only by 
repeated injury. A prince, whose character is thus marked by every act 
which may define a tyrant, is unfit to be the ruler of a free people. 

Nor have we been wanting in attention to our British brethren. We 
have warned them, from time to time, of attempts, by their legislature, to 
extend an unwarrantable jurisdiction over us. We have reminded them of 
the circumstances of our emigration and settlement here. We have appealed 
to their native justice and magnanimity ; and we have conjured them, by 
the ties of our common kindred, to disavow these usurpations, which would 
inevitably interrupt our connexions and correspondence. They, too, have 
been deaf to the voice of justice, and of consanguinity. We must, there- 
fore, acquiesce in the necessity which denounces our separation, and hold 
them as we hold the rest of mankind, enemies in war, in peace fiiends. 

We, therefore, the representatives of the United States of America, in 
general congress assembled, appealing to the Supreme Judge of the world, 
for the rectitude of our intentions, do, in the name and by the authority of 
the good people of these colonies, solemnly publish and declare, that these 
united colonies are, and of right ought to be, free and independent states ; 
that they are absolved from all allegiance to the British crown, and that all 
political connexion between them and the state of Great Britain is, and 
ought to be, totally dissolved ; and that as free and independent states they 
have full power to levy war, conclude peace, contract alliances, establish 
commerce, and to do all other acts and things which independent states 
may of right do. And for the support of this declaration, with a firm reli- 
ance on the protection of Divine Providence, we mutually pledge to each 
other our lives, our fortunes, and our sacred honor. 

The foregoing declaration was, by order of congress, engrossed, and signed 
by the following members : 

JOHN HANCOCK. 

new Hampshire. Oliver Wolcott. 

Josiah Bartlett, new tork. 

William Whipple, William Floyd, 

Matthew Thornton. Philip Livingston, 

Massachusetts bay, Francis Lewis, 

Samuel Adams, Lewis Morris. 

John Adams, new jersey, 

Robert Treat Paine, Richard Stockton, 

Elbridge Gerry. John Witherspoon, 

rhode island, &c, Francis Hopkinson, 

Stephen Hopkins, John Hart, 

William Ellery. Abraham Clark. 

CONNECTICUT, PENNSYLVANIA, 

Roger Sherman, Robert Morris, 

Samuel Huntington, Benjamin Rush, 

William Williams, Benjamin Franklin, 



DECLARATION OF INDEPENDENCE. 



John Morton, 
George Clymer, 
James Smith, 
George Taylor, 
James Wilson, 
George Ross. 

DELAWARE. 

Cesar Rodney, 
George Read, 
Thomas M ? Kean. 

MARYLAND. 

Samuel Chase, 

William Paca, 

Thomas Stone, 

Charles Carroll, of Carrollton. 

VIRGINIA. 

George W^ythe, 
Richard Henry Lee, 



Thomas Jefferson, 
Benjamin Harrison, 
Thomas Nelson, jr. 
Francis Lightfoot Lee, 
Carter Braxton. 

NORTH CAROLINA. 

William Hooper, 
Joseph Hewes, 
John Perm. 

SOUTH CAROLINA. 

Edward Rutledge, 
Thomas Heyward, jr. 
Thomas Lynch, jr. 
Arthur Middleton. 

GEORGIA. 

Button Gwinnett, 
Lyman Hall, 
George Walton. 



ARTICLES OF CONFEDERATION 

AND PERPETUAL UNION, 

Between the states of New Hampshire, Massachusetts Bay, Rhode Island 
and Providence Plantations, Connecticut, New York, New Jersey, Penn- 
sylvania, Delaware, Maryland, Virginia, North Carolina, South Caro- 
lina, and Georgia. 

ARTICLE I. 

The style of this confederacy shall be, "the united states of 

ARTICLE II. 

Each state retains its sovereignty, freedom, and independence, and every 
power, jurisdiction, and right which is not by this confederation expressly 
delegated to the Uniied States in congress assembled, 

ARTICLE III. 

The said states hereby severally enter into a firm league of friendship with 
each other for their common defence, the security of their liberries, and 
their mutual and general welfare ; binding themselves to assist each other 
against all force offered to, or attacks made upon them, or any of them, on 
account of religion, sovereignty, trade or any other pretence whatever. 

ARTICLE IV. 

The better to secure and perpetuate mutual friendship and intercourse 
among the people of the different states in this Union, the free inhabitants 
of each of these states, (paupers, vagabonds, and fugitives from justice ex- 
cepted,) shall be entitled to all privileges and immunities of free citizens 
in the several states ; and the people of each state shall have free ingress 
and regress to and from any other state, and shall enjoy therein all the privi- 
leges of trade and commerce, subject to the same duties, impositions and 
restrictions, as the inhabitants thereof respectively, provided that such 
restriction shall not extend so far as to prevent the removal of property im- 
ported into any state to any other state of which the owner is an inhabitant i 
Provided also, that no imposition, duties, or restriction shall be laid by any 
state on the property of the Uniied States, or either of them. 

If any person guilty of or charged with treason, felony, or other high 
misdemeanor, in any state, shall flee from justice, and be found in any of 



6 ARTICLES OF CONFEDERATION, 

the United States, he shall, upon demand of the governor, or executive 
power of the state from which he fled, be delivered up, and removed to the 
state having jurisdiction of his offence. 

Full faith and credit shall be given in each of these states to the records, 
acts, and judicial proceedings of the courts and magistrates of every other 
state. 

ARTICLE V. 

For the more convenient management of the general interests of the 
United States, delegates shall be annually appointed, in such manner as the 
legislature of each state shall direct, to meet in congress on the first Monday 
in November, in every year, with a power reserved to each state to recall 
its delegates, or any of them, at any time within the year, and to send others 
in their stead, for the remainder of the year. 

No state shall be represented in congress by less than two, nor by more 
than seven members ; and no person shall be capable of being a delegate 
for more than three years in any term of six years ; nor shall any person, 
being a delegate, be capable of holding any office under the United States, 
for which he, or another for his benefit, receives any salary, fees, or emolu- 
ments of any kind. 

Each state shall maintain its own delegates in a meeting of the states, and 
while they act as members of the committee of the states. 

In determining questions in the United States in congress assembled, each 
state shall have one vote. 

Freedom of speech, and debate in congress, shall not be impeached or 
questioned in any other court or place out of congress ; and the members 
of congress shall be protected in their persons from arrests and imprison- 
ments during the time of their going to and from, and attendance on congress, 
except for treason, felony, or breach of the peace. 

ARTICLE VI. 

No state, without the consent of the United States in congress assembled, 
shall send an embassy to, or receive an embassy from, or enter into any 
conference, agreement, alliance or treaty with any king, prince or state ; 
nor shall any person, holding any office of profit or trust under the United 
States, or any of them, accept of any present, emolument, office, or title of 
any kind whatever, from any king, prince or foreign state ; nor shall the 
United States in congress assembled, or any of them, grant any title of 
nobility. 

No two or more states shall enter into any treaty, confederation, or alli- 
ance whatever between them, without the consent of the United States in 
congress assembled, specifying accurately the purposes for which the same 
is to be entered into, and how long it shall continue. 

No state shall lay any imposts or duties, which may interfere with any 
stipulations in treaties entered into by the United States in congress assem- 
bled, with any king, prince or state, in pursuance of any treaties already 
proposed by congress to the Courts of France and Spain. 

No vessels of war shall be kept up in lime of peace by any state, except 
such number only as shall be deemed necessary by the United States in con- 
gress assembled for the defence of such state or its trade ; nor shall any 
body of forces be kept up by any state in time of peace, except such num- 



ARTICLES OF CONFEDERATION. 7 

ber only as, in the judgment of the United States in congress assembled, 
shall be deemed requisite to garrison the forts necessary for the defence of 
such state ; but every state shall always keep up a well regulated and disci- 
plined militia, sufficiently armed and accoutred, and shall provide, and have 
constantly ready for use, in public stores, a due number of field pieces and 
tents, and a proper quantity of arms, ammunition and camp equipage. 

No state shall engage in any war without the consent of the United States 
in congress assembled, unless such state be actually invaded by enemies, or 
shall have received certain advice of a resolution being formed by some 
nation of Indians to invade such state, and the danger is so imminent as not 
to admit of a delay till the United States in congress assembled can be con- 
sulted ; nor shall any state grant commissions to any ships or vessels of war, 
nor letters of marque or reprisal, except it be after a declaration of war by 
the United States in congress assembled ; and then only against the king- 
dom or state, and the subjects thereof, against which war has been so 
declared, and under such regulations as shall be established by the United 
States in congress assembled ; unless such state be infested by pirates ; in 
which case, vessels of war may be fitted out for that occasion, and kept so 
long as the danger shall continue, or until the United States in congress 
assembled shall determine otherwise. 

ARTICLE VII. 

When land forces are raised by any state for the common defence, all 
officers of, or under the rank of colonel, shall be appointed by the legisla- 
ture of each state respectively, by whom such forces shall be raised, or in 
such manner as such state shall direct ; and all vacancies shall be filled up' 
by the state which first made the appointment. 

ARTICLE VIII. 

All charges of war and all other expenses that shall be incurred for the 
common defence, or general welfare, and allowed by the United Slates in 
congress assembled, shall be defrayed out of a common treasury, which 
shall be supplied by the several states, in proportion to the value of all land 
within each state granted to, or surveyed for, any person, as such land, and 
the buildings and improvements thereon, shall be estimated according to 
such mode as the United States in congress assembled shall, from time to 
time, direct and appoint. 

The taxes for paying that proportion shall be laid and levied by the au- 
thority and direction of the legislatures of the several states, within the time 
agreed upon by the United States in congress assembled. 

ARTICLE IX. 

The United States in congress assembled shall have the sole and exclu- 
sive right and power of determining on peace and w 7 ar, except in the cases 
mentioned in the sixth article— of sending and receiving ambassadors — ■ 
entering into treaties and alliances : Provided, That no treaty of commerce 
shall be made, whereby the legislative power of the respective states shall 
be restrained from imposing such imposts and duties on foreigners as their 
own people are subjected to, or from prohibiting the exportation or impor- 
tation of any species of goods or commodities whatsoever — of establishing 



8 ARTICLES OF CONFEDERATION. 

rules for deciding, in all cases, what captures on land or water shall be legal, 
and in what manner prizes taken by land or naval forces in the service of 
the United States shall be divided or appropriated — of granting letters of 
marque and reprisal in times of peace — appointing courts for the trial of 
piracies and felonies committed on the high seas, and establishing courts for 
receiving and determining finally appeals in all cases of captures : Provided, 
That no member of congress shall be appointed a judge of any of the said 
courts. 

The United States in congress assembled shall also be the last resort on 
appeal in all disputes and differences now subsisting, or that hereafter may 
arise between two or more stares, concerning boundary, jurisdiction, or any 
other cause whatever ; which authority shall always be exercised in the 
manner following :— Whenever the legislative or executive authority, or law- 
ful agent of any state in controversy with another, shall present a petition to 
congress, stating the matter in question, and praying for a hearing, notice 
thereof shall be given by order of congress to the legislative or executive 
authority of the other state in controversy, and a day assigned for the 
appearance of the parties by their lawful agents, who shall then be directed to 
appoint, by joint consent, commissioners or judges to constitute a court for 
healing and determining the matter in question ; but if they cannot agree, 
congress shall name three persons out of each of the United States, and 
from the list of such persons each party shall alternately strike out one, the 
petitioners beginning, until the number shall be reduced to thirteen ; and 
from that number not less than seven nor more than nine names, as congress 
shall direct, shall in the presence of congress be drawn out by lot ; and the 
persons whose names shall be so drawn, or any five of them, shall be com- 
missioners or judges to hear, and finally determine the controversy, so 
always as a major part of the judges, who shall hear the cause, shall agree 
in the determination ; and if either party shall neglect to attend at the day 
appointed, without showing reasons which congress shall judge sufficient, or, 
being present, shall refuse to strike, the congress shall proceed to nominate 
three peisons out of each state, and the secretary of congress shall strike in 
behalf of such party absent or refusing ; and the judgment and sentence of 
the court to be appointed in the manner before prescribed, shall be final and 
conclusive. And if any of the parties shall refuse to submit to the authority 
of such court, or to appear or defend their claim or caUse, the court shall 
nevertheless proceed to pronounce sentence or judgment, which shall, in like 
manner, be final and decisive, the judgment or sentence and other proceed- 
ings being in either case transmitted to congress, and lodged among the acts 
of congress, for the security of the parties concerned : Provided, That 
every commissioner, before he sits in judgment, shall take an oath, to be 
administered by one of the judges of the supreme or superior court of the 
state where the cause shall be tried, " well and truly to hear and determine 
the matter in question, according to the best of his judgment, without favor, 
affection or hope of reward :" Provided also, That no state shall be de- 
prived of territory for the benefit of the United States. 

All controversies concerning the private right of soil, claimed under differ- 
ent grants of two or more states, whose jurisdiction, as they may respect such 
lands and the states which passed such grants, are adjusted, the said grants, 
or either of them, being at the same time claimed to have originated antece- 
dent to such settlement of jurisdiction, shall, on the petition of either party 
to the congress of the United States, be finally determined, as near as may 
be, in the same manner as is before prescribed for deciding disputes respect- 
ing territorial jurisdiction between different states. 



ARTICLES OF CONFEDERATION. 9 

The United States in congress assembled shall also have the sole and ex- 
clusive right and power of regulating the alloy and value of coin struck by 
their own authority, or by that of the respective states ; fixing the standard 
of weights and measures throughout the United States ; regulating the trade, 
and managing all affairs with the Indians, not members of any of the states : 
Provided, That the legislative right of any state within its own limits be not 
infringed or violated— establishing and regulating post-offices from one state 
to another, throughout all the United States, and exacting such postage on 
the papers passing through the same as may be requisite to defray the ex- 
penses of the said office — appointing all officers of the land forces in the 
service of the United States, excepting regimental officers — -appointing all 
the officers of the naval forces, and commissioning all officers whatever in 
the service of the United States — making rules for the government and 
regulation of the said land and naval forces, and directing their operations. 

The United States in congress assembled, shall have authority to appoint 
a committee to sit in the recess of congress to be denominated, u Jl Com- 
mittee of the States," and to consist of one delegate from each state ', and to 
appoint such other committees and civil officers as may be necessary for 
managing the general affairs of the United States, under their direction — to 
appoint one of their number to preside : Provided, That no person be 
allowed to serve in the office of president more than one year in any term 
of three years ; to ascertain the necessary sums of money to be raised for 
the service of the United States, and to appropriate and apply the same for 
defraying the public expenses — -to borrow money, or emit bills on the credit 
of the United States, transmitting every half year to the respective states, 
an account of the sums of money so borrowed or emitted — to build and 
equip a navy — -to agree upon the number of land forces, and to make requi- 
sitions from each state for its quota, in proportion to the number of white 
inhabitants in such state ; which requisitions shall be binding, and thereupon 
the legislature of each state shall appoint the regimental officers, raise the 
men, and clothe, arm and equip them in a soldier-like manner, at the expense 
of the United States ; and the officers and men so clothed, armed and 
equipped, shall march to the place appointed, and within the time agreed on by 
the United States in congress assembled, but if the United States in congress 
assembled shall, on consideration of circumstances, judge proper that any 
state should not raise men, or should raise a smaller number than its quota, 
and that any other state should raise a greater number of men than the quota 
thereof, such extra number shall be raised, officered, clothed, armed and 
equipped, in the same manner as the quota of such state, unless the legisla- 
ture of such state shall judge that such extra number cannot be safely spared 
out of the same ; in which case, they shall raise, officer, clothe, arm and equip 
as many of such extra number as they judge can be safely spared ; and the 
officers and men, so clothed, armed and equipped, shall march to the place 
appointed, and within the time agreed on by the United States in congress 
assembled. 

The United States in congress assembled shall never engage in a war, 
nor grant letters of marque and reprisal in time of peace, nor enter into any 
treaties or alliances, nor coin money, nor regulate the value thereof, nor as- 
certain the sums and expenses necessary for the defence and welfare of the 
United States, or any of them, nor emit bills, nor borrow money on the 
credit of the United States, nor appropriate money, nor agree upon the 
number of vessels of war to be built or purchased, or the number of land or 
sea forces to be raised, nor appoint a commander-in-chief of the army or 
% 



10 ARTICLES OF CONFEDERATION. 

navy, unless nine states assent to the same ; nor shall a question on any 
other point, except for adjourning from day to day, be determined, unless 
by the votes of a majority of the United States in congress assembled. 

The congress of the United States shall have power to adjourn to any 
time within the year, and to any place within the United States, so that no 
period of adjournment be for a longer duration than the space of six months ; 
and shall publish the journal of their proceedings monthly, except such parts 
thereof, relating to treaties, alliances, or military operations, as in their judg- 
ment require secrecy ; and the yeas and nays of the delegates of each state 
on any question shall be entered on the journal, when it is desired by any 
delegate ; and the delegates of a state, or any of them, at his or their request, 
shall be furnished with a transcript of the said journal, except such parts as 
are above excepted, to lay before the legislatures of the several states. 

ARTICLE X* 

The committee of the states, or any nine of them, shall be authorized to 
execute, in the recess of congress, such of the powers of congress as the 
United States in congress assembled, by the consent of nine states, shall from 
time to time think expedient to vest them with ; provided that no power 
be delegated to the said committee, for the exercise of which, by the articles 
of confederation, the voice of nine states in the congress of the United States 
assembled is requisite. 

ARTICLE XI. 

Canada, acceding to this confederation, and joining in the measures of the 
United States, shall be admitted into, and entitled to, all the advantages of 
this union ; but no other colony shall be admitted into the same, unless such 
admission be agreed to by nine states. 

ARTICLE XII. 

All bills of credit emitted, moneys borrowed, and debts contracted, by or 
under the authority of congress, before the assembling of the United States, 
in pursuance of the present, confederation, shall be deemed and considered 
as a charge against the United States, for payment and satisfaction whereof 
the said United States and the public faith are hereby solemnly pledged. 

ARTICLE XIII. 

Every state shall abide by the determination of the United States in con* 
gress assembled, on all questions which, by this confederation, are submitted 
to them. And the articles of this confederation shall be inviolably observed 
by every state, and the union shall be perpetual ; nor shall any alteration at 
any time hereafter be made in any of them, unless such alteration be agreed 
to in a congress of the United States, and be afterwards confirmed by the 
legislature of every state. 

And whereas it has pleased the Great Governor of the world to incline 
the hearts of the legislatures we respectively represent in congress, to ap- 
prove of, and to authorize us to ratify the said articles of confederation, and 
perpetual union : Know ye, That we, the undersigned delegates, by virtue 
of the power and authority to us given for that purpose, do, by these pre- 



ARTICLES OF CONFEDERATION. 11 

sents, in the name and in behalf of our respective constituents, fully and 
entirely ratify and confirm each and every of the said articles of confedera- 
tion and perpetual union, and all and singular the matters and things therein 
contained ; and we do further solemnly plight and engage the faith of our 
respective constituents, that they shall abide by the determinations of the 
United States in congress assembled, on all questions which, by the said 
confederation, are submitted to them ; and that the articles thereof shall be 
inviolably observed by the states we respectively represent ; and that the 
onion shall be perpetual. 

In witness whereof, we have hereunto set our hands, in congress, done at 
Philadelphia, in the state of Pennsylvania, the ninth day of July, in 
the year of our Lord one thousand seven hundred and seventy-eight, 
and in the third year of the Independence of America. 

On the part and behalf of the state of Mew Hampshire. 
Josiah Bartlett, John Wentworth, jr. Aug. 8, 1778. 

On the part and behalf of the state of ^Massachusetts Bay. 
John Hancock, Francis Dana, 

Samuel Adams, James Lovell, 

Elbridge Gerry, Samuel Holten. 

On the part and behalf of the state of Rhode Island and Providence 

Plantations. 
William Ellery, John Collins. 

Henry Marchant, 

On the part and behalf of the state of Connecticut. 
Roger Sherman, Titus Hosmer, 

Samuel Huntington, Andrew Adams. 

Oliver Wolcott, 

On the part and behalf of the state of New York. 
Jas. Duane, Wm. Duer, 

Fra. Lewis, Gouv. Morris. 

On the part and behalf of the state of JSfcio Jersey. 
Jno. Witherspoon, Nath. Scudder, Nov. 26, 1778, 

On the part and behalf of the state of Pennsylvania. 
Robt. Morris, William Clingan, 

Daniel Roberdeau, Joseph Reed, 22d July, 1778. 

Jona. Bayard Smith, 

On the part and behalf cf the state of Delaware. 
Thomas McKean, Feb. 13, 1779. Nicholas Van Dyke. 
John Dickinson, May 5th, 1779. 

On the part and behalf of the state of Maryland. 
John Hanson, March 1, 17S1, Daniel Carroll, do. 

On the part and behalf of the state of Virginia. 
Richard Henry Lee, Jno. Harvie, 

John Banister, Francis Lightfoot Lee. 

Thomas Adams, 

On the part and behalf of the state of North Carolina, 
John Penn, July 21st, 1778, Jno. Williams. 

Corns. Harnett, 

On the part and behalf of the state of South Carolina, 
Henry Laurens, Richard Hutson, 

William Henry Drayton, Thomas Hey ward, jr. 

Jno. Matthews, 



12 CONSTITUTION OF THE UNITED STATES. 

On the part and behalf of the state of Georgia. 
Jno. Walton, 24th July, 1776, Edwd. Langwonhy. 

Edwd. Telfair, 

[Note. — From the circumstance of delegates from the same state hav- 
ing signed the articles of confederation at different times, as appears by the 
dates, it is probable they affixed their names as they happened to be present 
in cpngress, after they had been authorized by their constituents.] 



CONSTITUTION OF THE UNITED STATES. 

We, the people of the United States, in order to form a more perfect 
union, establish justice, insure domestic tranquillity, provide for the common 
defence, promote the general welfare, and secure the blessings of liberty to 
ourselves and our posterity, do ordain and establish this constitution for the 
United States of America. 

ARTICLE I. 

SECTION I. 

1. All legislative powers herein granted shall be vested in a congress 
of the United States, which shall consist of a senate and house of repre- 
sentatives. 

section 2. 

1. The house of representatives shall be composed of members chosen 
every second year, by the people of the several states ; and the electors in 
each state shall have the qualifications requisite for electors of the most nu- 
merous branch of the state legislature. 

2. No person shall be a representative, who shall not have attained to 
the age of twenty-five years, and been seven years a citizen of the Unitea 1 
States, and who shall not, when elected, be an inhabitant of that state in 
which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned among the 
several states which may be included within this union, according to their 
respective numbers, which shall be determined by adding to the whole 
number of free persons, including those bound to service for a term of years, 
and excluding Indians not taxed, three-fifths of all other persons. The 
actual enumeration shall be made within three years after the first meeting 
of the congress of the United States, and within every subsequent term of 
ten years, in such manner as they shall by law direct. The number of 
representatives shall not exceed one for every thirty thousand, but each state 
shall have at least one representative : and until such enumeration shall be 
made, the state of JVeto Hampshire shall be entitled to choose three ; JVlassa- 
chusetts, eight ; Rhode Island and Providence Plantations, one ; Connecti- 



CONSTITUTION OF THE UNITED STATES. 13 

cut, five ; New York, six ; New Jersey, four ; Pennsylvania, eight ; 
Delaware, one ; Maryland, six ; Virginia, ten ; North Carolina, five ; 
South Carolina, five ; and Georgia, three. 

4. When vacancies happen in the representation from any state, the 
executive authority thereof shall issue writs of election to fill such vacancies. 

5. The house of representatives shall choose their speaker and other 
officers, and shall have the sole power of impeachment. 



section 3. 

1. The senate of the United States shall be composed of two senators 
from each state, chosen by the legislature thereof, for six years ; and each 
senator shall have one vote. 

2. Immediately after they shall be assembled in consequence of the first 
election, they shall be divided, as equally as may be, into three classes. 
The seats of the senators of the first class shall be vacated at the expiration 
of the second year, of the second class, at the expiration of the fourth year, 
and of the third class at the expiration of the sixth year, so that one-third 
may be chosen every second year ; and if vacancies happen by resignation 
or otherwise, during the recess of the legislature of any state, the executive 
thereof may make temporary appointments until the next meeting of the 
legislature, which shall then fill such vacancies. 

3. No person shall be a senator, who shall not have attained to the age 
of thirty years, and been nine years a citizen of the United States, and who 
shall not, when elected, be an inhabitant of that state for which he shall be 
chosen. 

4. The vice-president of the United States shall be president of the se- 
nate ; but shall have no vote, unless they be equally divided. 

5. The senate shall choose their other officers, and also a president, pro 
tempore, in the absence of the vice-president, or when he shall exercise 
the office of president of the United States. 

6. The senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation. When 
the president of the United States is tried, the chief justice shall preside ; 
and no person shall be convicted without the concurrence of two-thirds of 
the members present. 

7. Judgment, in cases of impeachment, shall not extend further than to 
removal from office, and disqualification to hold and enjoy any office of ho- 
nor, trust, or profit, under the United States ; but the party convicted shall, 
nevertheless, be liable and subject to indictment, trial, judgment and punish- 
ment, according to law. 

section 4. 

1. The times, places, and manner of holding elections for senators and 
representatives, shall be prescribed in each state, by the legislature thereof; 
but the congress may at any time, by law, make or alter such regulations, 
except as to the places of choosing senators. 

2. The congress shall assemble at least once in every year, and such 
meeting shall be on the firsjt Monday in December, unless they shall by law 
appoint a different day, 



14 CONSTITUTION OF THE UNITED STATES. 

SECTION 5. 

1. Each house shall be the judge of the elections, returns, and qualifi- 
cations of its own members ; and a majority of each shall constitute a quorum 
to do business ; but a smaller number may adjourn from day to day, and 
may be authorized to compel the attendance of absent members, in such 
manner, and under such penalties, as each house may provide. 

2. Each house may determine the rules of its proceedings, punish its 
members for disorderly behavior, and, with the concurrence of two-thirds, 
expel a member. 

3. Each house shall keep a journal of its proceedings, and from time to 
time publish the same, excepting such parts as may, in their judgment, re- 
quire secrecy ; and the yeas and nays of the members of either house, on 
any question, shall, at the desire of one-fifth of those present, be entered on 
the journal. 

4. Neither house, during the session of congress, shall, without the con- 
sent of the other, adjourn for more than three days, nor to any other place 
than that in which the two houses shall be sitting. 

section 6. 

1. The senators and representatives shall receive a compensation for 
their services, to be ascertained by law, and paid out of the treasury of the 
United States. They shall, in all cases, except treason, felony and breach 
of the peace, be privileged from arrest, during their attendance at the session 
of their respective houses, and in going to or returning from the same ; and 
for any speech or debate in either house, they shall not be questioned in 
any other place. 

2. No senator or representative shall, during the time for w 7 hich he was 
elected, be appointed to any civil office under the authority of the United 
States, which shall have been created, or the emoluments whereof shall have 
been increased, during such time ; and no person holding any office under 
the United States shall be a member of either house during his continuance 
in office. 

section 7. 

1 . All bills for raising revenue shall originate in the bouse of representa- 
tives ; but the senate may propose or concur with amendments as on other 
bills. 

2. Every bill, which shall have passed the house of representatives and 
the senate, shall, before it becomes a law, be presented to the president of 
the United States ; if he approve he shall sign it ; but if not, he shall return 
it, with his objections, to that house in which it shall have originated, who 
shall enter the objections at large on their journal, and proceed to reconsider 
it. If, after such reconsideration, two-thirds of that house shall agree to 
pass the bill, it shall be sent, together with the objections, to the other 
house, by which it shall likewise be reconsidered, and if approved by two- 
thirds of that house, it shall become a law. But. in all such cases the votes 
of both houses shall be determined by yeas and nays ; and the names of the 
persons voting for and against the bill, shall be entered on the journal of each 
house respectively. If any bill shall not be returned by the president within 
ten days (Sundays excepted) after it shall have been presented to him, the 



CONSTITUTION OF THE UNITED STATES. 15 

same shall be a law, in like manner as if he had signed it, unless the congress, 
by their adjournment, prevent its return ; in which case, it shall not be a 
law. 

3. Every order, resolution, or vote, to which the concurrence of the 
senate and house of representatives may be necessary, (except on a question 
of adjournment) shall be presented to the president of the United Slates; 
and before the same shall take effect, shall be approved by him, or being 
disapproved by him, shall be repassed by two-thirds of the senate and house 
of representatives, according to the rules and limitations prescribed in the 
case of a bill. 

section 8. 

The congress shall have power — 

1. To lay and collect taxes, duties, imposts, and excises ; to pay the 
debts, and provide for the common defence and general welfare of the 
United States ; but. all duties, imposts, and excises, shall be uniform 
throughout the United States : 

2. To borrow money on the credit of the United States : 

3. To regulate commerce with foreign nations, and among the several 
states, and with the Indian tribes : 

4. To establish an uniform rule of naturalization, and uniform laws on 
the subject of bankruptcies throughout the United States : 

5. To coin money, regulate the value thereof, and of foreign coin, and 
fix the standard of weights and measures : 

6. To provide for the punishment of counterfeiting the securities and 
current coin of the United States : 

7. To establish post offices and post roads : ■ 

S. To promote the progress of science and useful arts, by securing, for 
limited times, to authors and inventors, the exclusive right to their respect- 
ive writings and discoveries : 

9. To constitute tribunals inferior to the supreme court : To define and 
punish piracies and felonies committed on the high seas, and offences 
against the law of nations : 

10. To declare war, grant letters of marque and reprisal, and make rules 
concerning captures on land and water : 

11. To raise and support armies ; but no appropriation of money to that 
use, shall be for a longer term than two years : 

12. To provide and maintain a navy : 

13. To make rules for the government and regulation of the land and 
naval forces : 

14. To provide for calling forth the militia to execute the laws of the 
union, suppress insurrections, and repel invasions : 

15. To provide for organizing, arming and disciplining the militia, and 
for governing such part of them as may be employed in the service of the 
United Slates, reserving to the states respectively, the appointment of the 
officers, and the authority of training the militia according to the discipline 
prescribed by congress : 

16. To exercise exclusive legislation in all cases whatsoever over such 
district (not. exceeding ten miles square) as may, by cession of particular 
states, and the acceptance of congress, become the seat of government of 
the United States, and to exercise like authority over all places purchased, 
by the consent of the legislature of the state in which the same shall be, 



16 CONSTITUTION OF THE UNITED STATES. 

for the erection efforts, magazines, arsenals, dockyards, and other needful 
buildings : — and 

17. To make all laws which shall be necessary and proper for carrying 
into execution the foregoing powers, and all other powers vested by this 
constitution in the government of the United States, or in any department 
or officer thereof. 

section 9. 

1. The migration or importation of such persons as any of the states 
now existing shall think proper to admit, shall not be prohibited by the 
congress prior to the year one thousand eight hundred and eight, but a tax 
or duty may be imposed on such importation, not exceeding ten dollars for 
each person. 

2. The privilege of the writ of habeas corpus shall not be suspended, 
tinless when, in cases of rebellion or invasion, the public safety may 
require it. 

3. No bill of attainder or ex post facto law, shall be passed. 

4. No capitation or other direct tax shall be laid, unless in proportion to 
the census or enumeration herein before directed to be taken. 

5. No tax or duty shall be laid on articles exported from any state. No 
preference shall be given by any regulation of commerce or revenue to the 
ports of one state over those of another : nor shall vessels bound to or from 
one state be obliged to enter, clear, or pay duties in another. 

6. No money shall be drawn from the treasury, but in consequence of 
appropriations made by law : and a regular statement and account of the 
receipts and expenditures of all public money shall be published from time 
to time. 

7. No title of nobility shall be granted by the United States, and no 
person holding any office of profit or trust under them, shall, without the 
consent of the congress, accept of any present, emolument, office or title of 
any kind whatever, from any king, prince, or foreign state. 

section 10. 

1. No state shall enter into any treaty, alliance or confederation ; grant 
letters of marque and reprisal ; coin money ; emit bills of credit ; make any 
thing but gold and silver coin a tender in payment of debts ; pass any bill 
of attainder, ex post facto law, or law impairing the obligation of contracts ; 
or grant any title of nobility. 

2. No state shall, without the consent of the congress, lay any imposts 
or duties on imports or exports except what may be absolutely necessary 
for executing its inspection laws ; and the net produce of all duties and im- 
posts, laid by any state on imports or exports, shall be for the use of the 
treasury of the United Slates, and all such laws shall be subject to the re- 
vision and control of the congress. No state shall, without the consent of 
congress, lay any duty of tonnage, keep troops or ships of war in time of 
peace, enter into any agreement or compact with another state, or with a 
foreign power, or engage in war, unless actually invaded, or in such immi- 
nent danger as will not admit of delay. 



CONSTITUTION OF THE UNITED STATES. 17 

ARTICLE II. 

SECTION 1. 

1. The executive power shall be vested in a president of the United 
States of America. He shall hold his office during the term of four years, 
and, together with the vice president, chosen for the same term, ,be elected 
as follows : 

2. Each state shall appoint, in such manner as the legislature thereof 
may direct, a number of electors, equal to the whole number of senators 
and representatives to which the state may be entitled in the congress ; but 
no senator or representative, or person holding an office of trust or profit 
under the United States, shall be appointed an elector. 

3. The electors shall meet in their respective states, and vote by ballot 
for two persons, of whom one at least shall not be an inhabitant of the same 
state with themselves. And they shall make a list of all the persons voted 
for, and of the number of votes for each ; which list they shall sign and 
certify, and transmit sealed to the seat of government of the United States, 
directed to the president of the senate. The president of the senate shall 
in the presence of the senate and house of representatives, open all the 
certificates, and the votes shall then be counted. The person having the 
greatest number of votes shall be the president, if such number be a majority 
of the whole number of electors appointed ; and if there be more than one 
who have such majority, and have an equal number of votes, then the house 
of representatives shall immediately choose, by ballot, one of them for pre- 
sident ; and if no person have a majority, then from the five highest on the 
list, the said house. shall, in like manner choose the president. But in 
choosing the president, the votes shall be taken by states, the representation 
from each state having one vote : a quorum for this purpose shall consist of 
a member or members from two-thirds of the states^ and a majority of all 
the states shall be necessary to a choice. In ever) case, after the choice 
of the president, the person having the greatest number of votes of the' 
electors, shall be the vice president. But if there should remain two or 
more who have equal votes, the senate shall choose from them, by ballot, 
the vice president. 

4. The congress may determine the time of choosing the electors, and 
the day on which they shall give their votes ; which day shall be the same 
throughout the United States. 

5. No person except a natural born citizen, or a citizen of the United 
States at the time of the adoption of this constitution, shall be eligible to the 
office of president ; neither shall any person be eligible to that office, who 
shall not have attained to the age of thirty-five years, and been fourteen 
years a resident within the United States. 

6. In case of the removal of the president from office, or of his death, 
resignation, or inability to discharge the powers and duties of the said office, 
the same shall devolve on the vice president, and the congress may, by law, 
provide for the case of removal, death, resignation, or inability, both of the 
president and vice president, declaring what officer shall then act as pre- 
sident, and such officer shall act accordingly, until the disability be removed, 
or a president shall be elected. 

7. The president shall, at stated times, receive for his services a com- 
pensation, which shall neither be increased nor diminished during the period 



18 CONSTITUTION OF THE UNITED STATES. 

for which he shall have been elected, and he shall not receive within that 
period any other emolument from the United States or any of them. 

8. Before he enters on the execution of his office, he shall take the 
following oath or affirmation : 

9. " I do solemnly swear (or affirm) that I will faithfully execute the 
office of president of the United States, and will, to the best of my ability, 
preserve, protect, and defend the constitution of the United Slates." 

SECTION 2. 

1 . The president shall be commander in chief of the army and navy of 
the United States, and of the militia of the several states, when called into 
the actual service of the United States. He may require the opinion in 
writing of the principal officer in each of the executive departments, upon 
any subject relating to the duties of their respective offices ; and he shall 
have power to grant reprieves and pardons, for offences against the United 
States, except in cases of impeachment. 

2. He shall have power, by and with the advice and consent of the 
senate, to make treaties, provided, two-thirds of the senators present con- 
cur : and he shall nominate, and by and with the advice and consent of the 
senate, shall appoint ambassadors, other public ministers and consuls, judges 
of the supreme court, and all other officers of the United States, whose 
appointments are not herein otherwise provided for, and which shall be 
established by law. But the congress may by law, vest the appointment of 
such inferior officers, as they think proper, in the president alone, in the 
courts of law, or in the heads of departments. 

3. The president shall have power to fill up all vacancies, that may 
happen during the recess of the senate, by granting commissions, which 
shall expire at the end of their next session. 

section 3. 

3 . He shall from time to time, give to the congress information of the 
state of the Union ; and recommend to their consideration such measures as 
he shall judge necessary and expedient. He may, on extraordinary oc- 
casions, convene both houses, or either of them, and in case of disagreement 
between them, with respect to the time of adjournment, he may adjourn 
them to such time as he shall think proper. He shall receive ambassadors 
and other public ministers. He shall take care that the laws be faithfully 
executed ; and shall commission all officers of the United States. 

section 4. 

1. The president, vice president, and all civil officers of the United 
States, shall be removed from office, on impeachment for, and conviction 
of, treason, bribery, or other high crimes and misdemeanors. 

ARTICLE III. 

SECTION 1. 

The judicial power of the United States shall be vested in one supreme 
court, and in such inferior courts, as the congress may, from time to time, 



CONSTITUTION OF THE UNITED STATES. 19 

ordain and establish. The judges, both of the supreme and inferior courts, 
shall hold their offices during good behavior ; and shall, at stated times, 
receive for their services, a compensation, which shall not be diminished 
during their continuance in office. 

SECTION 2. 

L The judicial power shall extend to all cases, in law and equity, 
arising under this constitution, the laws of the United States, and treaties 
made, or which shall be made, under their authority ; to all cases, affecting 
ambassadors, other public ministers, and consuls ; to all cases of admiralty 
and maritime jurisdiction ; to controversies to which the United Stales shall 
be a party, to controversies between two or more states, between a state 
and citizens of another state, between citizens of different slates, between 
citizens of the same state, claiming lands under grants of different states, and 
between a state or the citizens thereof, and foreign states, citizens or 
subjects. 

2. In all cases, affecting ambassadors, other public ministers, and con- 
suls, and those in which a state shall be a party, the supreme court shall 
have original jurisdiction. In all the other cases before mentioned, the 
supreme court shall have appellate jurisdiction, both as to law and fact, with 
such exceptions, and under such regulations as the congress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall be by 
jury, and such trials shall be held in the state where the said crimes shall 
have been committed ; but when not committed within any state, the trial 
shall be at such place or places, as the congress may by law have directed. 

section 3. 

1. Treason against the United States shall consist only in levying war 
against them, or in adhering to their enemies, giving them aid and comfort. 
No person shall be convicted of treason unless on the testimony of two 
witnesses to the same overt act, or on confession in open court. 

2. The congress shall have power to declare the punishment of treason ; 
but no attainder of treason shall work corruption of blood, or forfeiture, ex- 
cept during the life of the person attainted. 

ARTICLE IV. 

SECTION 1. 

1. Full faith and credit, shall be given, in each state, to the public acts, 
records, and judicial proceedings of every other state. And the congress, 
may, by general laws, prescribe the manner in which such acts, records, and 
proceedings shall be proved, and the effect thereof. 

section 2. 

1. The citizens of each state shall be entitled to all privileges and 
immunities of citizens in the several states.. 

2. A person charged in any state with treason, felony, or other crime, 
who shall flee from justice, and be found in another state, shall, on demand 
of the executive authority of the state from which he fled, be delivered up, 
to be removed to the state having jurisdiction of the crime. 



20 CONSTITUTION OF THE UNITED STATES. 

3. No person held to service or labor in one state under the laws 
thereof, escaping into another, shall, in consequence of any law or regulation 
therein, be discharged from such service or labor ; but shall be delivered up 
on claim of the party to whom such service or labor may be due. 

section 3. 

1 . New states may be admitted by the congress into this union ; but no 
new state shall be formed or erected within the jurisdiction of any other 
state, nor any state be formed by the junction of two or more states, or 
parts of states, without the consent of the legislatures of the states concerned, 
as well as of the congress. 

2. The congress shall have power to dispose of, and make all needful 
rules and regulations respecting the territory or other property belonging to 
the United States ; and nothing in this constitution shall be so construed as 
to prejudice any claims of the United States, or of any particular state. 

section 4. 

1. The United States shall guaranty to every state in this union a 
republican form of government, and shall protect each of them against in- 
vasion ; and on application of the legislature, or of the executive (when the 
legislature cannot be convened) against domestic violence. 

ARTICLE V. 

1. The congress, whenever two-thirds of both houses shall deem it 
necessary, shall propose amendments to this constitution ; or, on the ap- 
plication of the legislatures of two-thirds of the several stales, shall call a 
convention for proposing amendments, which, in either case, shall be valid 
to all intents and purposes, as part of this constitution, when ratified by the 
legislatures of three-fourths ol the several states, or by conventions in three- 
fourths thereof, as the one or the other mode of ratification may be proposed 
by the congress : Provided, That no amendment which may be made prior 
to the year one thousand eight hundred and eight, shall in any manner affect 
the first and fourth clauses in the ninth section of the first article ; and that no 
state, without its consent, shall be deprived of its equal suffrage in the senate. 

ARTICLE VI. 

1. All debts contracted, and engagements entered into, before the 
adoption of this constitution, shall be as valid against the United Slates under 
this constitution, as under the confederation. 

2. This constitution, and the laws of the United States which shall be 
made in pursuance thereof, and all treaties made, or which shall be made 
under the authority of the United States, shall be the supreme law of the 
land ; and the judges in every state shall be bound thereby ; any thing in 
the constitution or laws of any slate to the contrary notwithstanding. 

3. The senators and representatives before mentioned, and the members 
of the several state legislatures, and all executive and judicial officers, both 
of the United States and of the several states, shall be bound by oath or 
affirmation, to support this constitution : but no religious test shall ever be 
required as a qualification to any office or public trust under the United States. 



CONSTITUTION OF THE UNITED STATES, 



21 



ARTICLE VII. 



1. The ratification of the conventions of nine states, shall be sufficient 
for the establishment of this constitution between the states so ratifying the 
same. 

Done in convention, by the unanimous consent of the states present, the 
seventeenth day of September, in [he year of our Lord one thousand 
seven hundred and eighty-seven, and of the Independence of the 
United States of America, the twelfth. In witness whereof, we 
have hereunto subscribed our names. 

GEORGE WASHINGTON, President, 

and deputy from Virginia. 



NEW HAMPSHIRE. 

John Langdon, 
Nicholas Gilman. 

MASSACHUSETTS. 

Nathaniel Gorham, 
Rufus King. 

CONNECTICUT. 

William Samuel Johnson, 
Roger Sherman. 

NEW YORK. 

Alexander Hamilton. 

NEW JERSEY. 

William Livingston, 
David Brearly, 
William Patterson, 
Jonathan Dayton. 

PENNSYLVANIA. 

Benjamin Franklin, 
Thomas Mifflin, 
Robert Morris, 
George Clymer, 
Thomas Fitzsimons, 
Jared Ingersoll, 
James Wilson, 
Gjroverneur Morris, 
Attest, 



DELAWARE. 

George Reed, 
Gunning Bedford, jun. 
John Dickinson, 
Richard Bassett, 
Jacob Broom. 

MARYLAND. 

James M 'Henry, 

Daniel of St. Tho. Jenifer, 

Daniel Carroll. 

VIRGINIA. 

John Blair, 

James Madison, jun. 

NORTH CAROLINA. 

William Blount, 
Richard Dobbs Spaight, 
Hugh Williamson. 

SOUTH CAROLINA. 

John Rutled^e, 

Charles Cotesworth Pincknev, 

Charles Pinckney, 

Pierce Butler. 

GEORGIA. 

William Few, 
Abraham Baldwin. 
WILLIAM JACKSON, Secretary. 



22 UNITED STATES' CONSTITUTION. 



- 
AMENDMENTS TO THE CONSTITUTION. 

ARTICLE 1. 

Congress shall make no law respecting an establishment of religion, or 
prohibiting the free exercise thereof; or abridging the freedom of speech, 
or of the press ; or the right of the people peaceably to assemble, and to 
petition the government for a redress of grievances. 

ARTICLE 2. 

A well regulated militia being necessary to the security of a free state, 
the right of the people to keep and bear arms shall not be infringed. 

ARTICLE 3. 

No soldier shall, in time of peace, be quartered in any house without 
the consent of the owner ; nor in time of war, but in a manner to be pre- 
scribed by law. 

ARTICLE 4. 

The right of the people to be secure in their persons, houses, papers, 
and effects, against unreasonable searches and seizures, shall not be vio- 
lated ; and no warrants shall issue, but upon probable cause, supported by 
oath or affirmation, and particularly describing the place to be searched, 
and the persons or things to be seized. 

ARTICLE 5. 

No person shall be held to answer for a capital, or otherwise infamous 
crime, unless on a presentment or indictment of a grand jury, except 
in cases arising in the land or naval forces, or in the militia, when in actual 
service, in time of war or public danger ; nor shall any person be subject 
for the same offence to be twice put in jeopardy of life or limb ; nor shall 
be compelled, in any criminal case, to be a witness against himself, nor be 
deprived of life, liberty or property, without due process of law ; nor shall 
private property be taken for public use without just compensation. 

ARTICLE 6. 

In all criminal prosecutions, the accused shall enjoy the right to a speedy 
and public trial, by an impartial jury of the state and district wherein the 
crime shall have been committed, which district shall have been previously 
ascertained by law, and to be informed of the nature and cause of the ac- 
cusation ; to be confronted with the witnesses against him ; to have com- 
pulsory process for obtaining witnesses in his favor ; and to have the assis- 
tance of counsel for his defence. 



UNITED STATES' CONSTITUTION. 23 

ARTICLE 7. 

In suits at common law, where the value in controversy shall exceed 
twenty dollars, the right of trial by jury shall be preserved ; and no fact 
tried by a jury shall be otherwise re-examined in any court of the United 
States, than according to the rules of the common law. 

ARTICLE S. 

Excessive bail shall not be required, nor excessive fines imposed, nor 
cruel and unusual punishments inflicted. 

ARTICLE 9. 

The enumeration in the constitution, of certain rights, shall not be con- 
strued to deny or disparage others retained by the people. 

ARTICLE 10. 

The powers not delegated to the United States by the constitution, nor 
prohibited by it to the states, are reserved to the states respectively, or to 
the people. 

ARTICLE 11. 

The judicial power of the United States shall not be- construed to extend 
to any suit in law or equity, commenced or prosecuted against one of the 
United States by citizens of another state, or by citizens or subjects of any 
foreign state. 

ARTICLE 12. 

1. The electors shall meet in their respective states, and vote by ballot 
for president and vice president, one of whom at least, shall not be an in- 
habitant of the same state with themselves ; they shall name in their ballots 
the person voted for as president, and in distinct ballots the person voted 
for as vice president ; and they shall make distinct lists of all persons voted 
for as president, and of all persons voted for as vice president, and of the 
number of votes for each, which lists they shall sign and certify, and trans- 
mit sealed to the seat of the government of the United States, directed to 
the president of the senate ; the president of the senate shall, in the pres- 
ence of the senate and house of representatives, open all the certificates, 
and the votes shall then be counted : the person having the greatest num- 
ber of votes for president, shall be 1 the president, if such number be a ma- 
jority of the whole number of electors appointed ; and if no person have 
such majority, then from the persons having the highest numbers, not ex- 
ceeding three, .on the list of those voted for as president, the house of rep- 
resentatives shall choose immediately, by ballot, the president. But in 
choosing the president, the votes shall be taken by states, the representa- 
tion from each state having one vote ; a quorum for this purpose shall 
consist of a member or members from two-thirds of the states, and a ma- 
jority of all the states shall be necessary to a choice. And if the house of 
representatives shall not choose a president whenever the right of choice 
shall devolve upon them, before the fourth day of March next following, 



24 UNITED STATES' CONSTITUTION. 

then the vice president shall act as president, as in the case of the death or 
other constitutional disability of the president. 

2. The person having the greatest number of votes as vice' president, 
shall be the vice president, if such number be a majority of the whole num- 
ber of electors appointed ; and if no persori have a majority, then from the 
two highest numbers on the list, the senate shall choose the vice president : 
a quorum for the purpose shall consist of two-thirds of the whole number 
of senators, and a majority of the whole number shall be necessary to a 
choice. 

3. But no person constitutionally ineligible to the office of president, 
shall be eligible to that of vice president of the United States. 

ARTICLE 13. 

If any citizen of the United States shall accept, claim, receive, or re- 
tain any title of nobility or honor, or shall, without the consent of congress, 
accept and retain any present, pension, office, or emolument of any kind 
whatever, from any emperor, king, prince or foreign power, such person 
shall cease to be a citizen of the United States, and shall be incapable of 
holding any office of trust or profit under them, or either of them. 



RESOLUTION 



DECLARING THE ADMISSION OF THE STATE OF ILLINOIS INTO THE 

UNION. 

Resolved by the Senate and House of Representatives of the United States 
of America in Congress assembled, That, whereas, in pursuance of an act 
of congress, passed on the eighteenth day of April, one thousand eight 
hundred and eighteen, entitled " An act to enable the people of the Illinois 
Territory to form a constitution and state government, and for the admis- 
sion of such state into the Union, on an equal footing with the original 
states," the people of said territory did, on the twenty-sixth day of August, 
in the present year, by a convention called for that purpose, form for them- 
selves a constitution and state government, which constitution and state 
government, so formed, is republican, and in conformity to the principles of 
the articles of compact between the original states and the people and states 
in the territory north-west of the river Ohio, passed on the thirteenth day 
of July, one thousand seven hundred and eighty-seven : Resolved by the 
Senate and House of Representatives of the United States of America in 
Congress assembled, That the state of Illinois shall be one, and is hereby 
declared to be one, of the United States of America, and admitted into 
the Union on an equal footing with the original states, in all respects what- 
ever. Approved, December 3, 1818. 



CONSTITUTION 

OF THE 

STATE OF ILLINOIS. 



The people of the Illinois Territory, having the right of admission into 
the general government as a member of the Union, consistent with the 
constitution of the United States, the ordinance of congress of 1787, 
and the law of congress "approved April 18th, 1818," entitled " an act 
to enable the people of the Illinois Territory to form a constitution and 
state government, and for the admission of such state into the Union on an 
equal footing with the original states, and for other purposes ;" in order to 
establish justice, promote the welfare and secure ihe blessings of liber y to 
themselves and their posterity, do by their representatives in convention, 
ordain and establish the following constitution or form of government ; and 
do mutually agree with each other to form themselves into a free and inde- 
pendent state by the name of the state of Illinois. And they do hereby 
ratify the boundaries assigned to such state by the act of congress aforesaid, 
which are as follows, to wit : Beginning at the mouth of the Wabash river, 
thence up the same, and with the line of Indiana to the north-west corner 
of said state ; thence east with the line of the same state, to the middle of 
lake Michigan ; thence north along the middle of said lake, to north latitude 
forty-two degrees and thirty minutes ; thence west to the middle of the 
Mississippi river ; and thence down along the middle of that river to its 
confluence with the Ohio river ; and thence up the latter river along its 
north-western shore to the beginning. 

ARTICLE I. 

CONCERNING THE DISTRIBUTION OF THE POWERS OF GOVERNMENT. 

Sec. 1. The powers of the government of the state of Illinois, shall 
be divided into three distinct departments, and each of them be confided 
to a separate body of magistracy, to wit : Those which are legislative to 
one ; those which are executive to another ; and those which are judiciary 
to another. 

Sec. 2. No person or collection of persons, being one of those de- 
partments, shall exercise any power properly belonging to either of the 
others, except as hereinafter expressly directed or permitted. 

ARTICLE II. 

Sec 1. The legislative authority of this state, shall be vested in a gen- 
eral assembly, which shall consist in a senate and house of representatives, 
both to be elected by the people. 
4 



26 STATE CONSTITUTION. 

Sec. 2. The first election for senators and representatives, shall com- 
mence on the third Thursday of September next, and continue for that 
and the wo succeeding days ; and the next election shall be held on the 
first Monday in August, one thousand eight hundred and twenty, and forever 
after, elections shall be held once in two years, on the first Monday of 
August, in each and every county, at such places therein as may be pro- 
vided by law. 

Sec. 3. No person shall be a representative who shall not have attained 
the age of twenty-one years, who shall not be a citizen of the United 
States, and an inhabitant of this state : who shall not have resided within 
the limits of the county or district in which he shall be chosen, twelve 
months next preceding his election, if such county or district shall have 
been so long erected ; but if not, then within the limits of the county or 
counties, district or districts out of which the same shall have been taken, 
unless he shall have been absent on the public business of the United States 
or of this state ; and who moreover shall not have paid a state or county 
tax. 

Sec. 4. The senators at their first session herein provided for, shall 
be divided by lot from their respective counties or districts, as near as can 
be, into two classes. The seats of the senators of the first class shall be 
vacated at the expiration of the second year ; and those of the second 
class at the expiration of the fourth year, so that one half thereof, as near 
as possible, may be biennially chosen forever thereafter. 

Sec 5. The number of senators and representatives, shall, at the first 
session of the general assembly, liolden after the returns herein provided 
for are made, be fixed by the general assembly, and apportioned among the 
several counties or districts to be established by law, according to the num- 
ber of white inhabitants. The number of representatives shall not be less 
than twenty-seven, nor more than thirty-six, until the number of inhabitants 
within this state shall amount to one hundred thousand ; and the number of 
senators shall never be less than one-third nor more than one-half of the 
number of representatives. 

Sec. 6. No person shall be a senator who has not arrived at the age of 
twenty-five years, who shall not be a citizen of the United States, and who 
shall not have resided one year in the county or district in which he shall 
be chosen immediately preceding his election, if such county or district 
shall have been so long erected ; but if not, then within the limits of the 
county or counties, district or districts, out of which the same shall have 
been taken ; unless he shall have been absent on the public business of the 
United States or of this state, and shall not moreover have paid a state or 
county tax. 

Sec. 7. The senate and house of representatives, when assembled, 
shall each choose a speaker and other officers : (the speaker of the senate 
excepted :) each house shall judge of the qualifications and elections of its 
members, and sit upon its own adjournments. Two-thirds of each house 
shall constitute a quorum, but a smaller number may adjourn from day to 
day, and compel the attendance of absent members. 

Sec. 8. Each house shall keep a journal of its proceedings, and publish 
them : the yeas and nays of the members, on any question, shall, at the 
desire of any two of them, be entered on the journals. 

Sec. 9. Any two members of either house, shall have liberty to dissent 
and protest against any act or resolution which they may think injurious 
to the public, or to any individual, and have the reasons of their dissent 
entered on the journals. 



STATE CONSTITUTION. 27 

Sec. 10. Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior ; and, with the concurrence of 
two-thirds, expel a member, but not a second time for the same cause. 

Sec. 11. When vacancies happen in either house, the governor, or the 
person exercising the powers of governor, shall issue writs of election to 
fill such vacancies. 

Sec. 12. Senators and representatives shall, in all cases, except trea- 
son, felony, or breach of the peace, be privileged from arrest, during the 
session of the general assembly, and in going to, and returning bom the 
same, and for any speech or debate in either house, they shall not be 
questioned in any other place. , 

Sec. L3. Each house may punish by imprisonment during its session, 
any person not a member, who shall be guilty of disrespect to the house, 
by any disorderly or contemptuous behavior in their presence ; provided 
such imprisonment shall not at any one time exceed twenty-four hours. 

Sec. 14. The doors of each house, and of committees of the whole, 
shall be kept open, except in such cases as in the opinion of the house, re- 
quire secrecy. Neither house shall, without the consent of the other, adjourn 
for more than two days, nor to any other place than that in which the two 
houses shall be sitting. 

Sec. 15. Bills may originate in either house, but may be altered, 
amended, or rejected by the other. 

Sec. 16. Every bill shall be read on three different days in each house, 
unless in case of urgency, three-fourths of the house where such bill is so 
depending shall deem it expedient to dispense with this rule ; and every 
bill having passed both houses shall be signed by the speakers of the respec- 
tive houses. 

Sec. 17. The style of the laws of this state shall be, " Be it enacted by 
the people of the state of Illinois, represented in the general assembly." 

Sec. 18. The general assembly of this state shall not allow the following 
officers of government greater or smaller annual salaries than as follows, until 
the year one thousand eight hundred and twenty-four : The governor one 
thousand dollars ; and the secretary of state, six hundred dollars. 

Sec. 19. No senator or representative shall, during the time for which 
he shall have been elected, be appointed to any civil cflice under this state, 
which shall have been created, or the emoluments of which shall have been 
increased during such time. 

Sec. 20. No money shall be drawn from the treasury but in consequence 
of appropriations made by law. 

Sec. 21. An accurate statement of the receipts and expenditures of the 
public money, shall be attached to, and published with, the laws, at the ris- 
ing of each session of the general assembly. 

Sec. 22. The house of representatives shall have the sole power of im- 
peaching, but a' majority of all the members present must concur in an 
impeachment ; all impeachments shall be tried by the senate ; and when 
sitting for that purpose, the senators shall be upon oath or affirmation, to do 
justice according to law and evidence. No person shall be convicted with- 
out the concurrence of two-thirds of all the senators present. 

Sec. 23. The governor, and all other civil officers under this state, shall 
be liable to impeachment for any misdemeanor in office : but judgment in 
such cases shall not extend further than to removal from office, and disquali- 
fication to hold any office of honor, profit or trust under this state. The 
party, whether convicted or acquitted, shall nevertheless be liable to indict- 
ment, trial, judgment and punishment according to law. 



28 STATE CONSTITUTION. 

Sec. 24. The first session of the general assembly shall commence on 
the first Monday of October next, and forever after, the general assembly 
shall meet on the first Monday in December next ensuing the election of 
the members thereof, and at no other period, unless as provided by this 
constitution. 

Sec. 25. No judge of any court of law or equity, secretary of state, at- 
torney-general, attorney for the state, register, clerk of any court of record, 
sheriff or collector, member of either house of congress, or person holding 
any lucrative office under the United States or this slate, (provided that ap- 
pointments in the militia, postmasters or justices of the peace shall not be 
considered lucrative offices,) shall have a seat in the general assembly : nor 
shall any person holding any office of honor or profit under the government 
of the United States, hold any office of honor or profit under the authority 
of this state. 

Sec. 26. Every person who shall be chosen or appointed to any office 
of trust or profit shall, before entering upon the duties thereof, take an oath 
to support the constitution of the United States and of this state, and also an 
oath of office. 

Sec 27. In all elections, all white male inhabitants above the age of 
twenty-one years, having resided in the state six months next preceding the 
election, shall enjoy the right of an elector ; but no person shall be entitled 
to vote except in the county or district in which he shall actually reside at 
the time of the election. 

Sec. 28. All votes shall be given viva voce until altered by the general 
assembly. 

Sec 29. Electors shall, in all cases, except treason, felony, or breach 
of the peace, be privileged from arrest during their attendance at elections, 
and in going to and returning from the same. 

Sec 30. The general assembly shall have full power to exclude from 
the privilege of electing or being elected any person convicted of bribery, 
perjury or any other infamous crime. 

Sec 31. In the year one thousand eight hundred and twenty, and every 
fifth year thereafter, an enumeration of ail the white inhabitants of the state 
shall be made, in such manner as shall be directed by law. 

Sec 32. All bills for raising a revenue shall originate in the house of 
representatives, subject, however, to amendment, or rejection as in other 
cases. 

ARTICLE III. 

Se.c 1. The executive power of the state shall be vested in a governor. 

Sec 2. The first election of governor shall commence en the third 
Thursday of September next, and continue for that and the two succeeding 
days ; and the next election shall be held on the first Monday of August, in 
the year of our Lord one thousand eight hundred and twenty-two. And for- 
ever after, elections for governor shall beheld once in four years, on the first 
Monday of August. The governor shall be chosen by the electors of 
the members of the general assembly, at the same places and in the same 
manner that they shall respectively vote, for members thereof. The returns 
for every election of governor shall be sealed up and transmitted to the seat 
of government by the returning officers, directed to the speaker of the house 
of representatives, who shall open and publish them in the presence of a 
majority of the members of each house of the general assembly. The 



STATE CONSTITUTION. 29 

person having: the highest number of votes shall be governor ; but if two or 
more be equal and highest in votes, then one of them shall be chosen 
governor by joint ballot of both houses of the general assembly. Contested 
elections shall be determined by both houses of the general assembly in such 
manner as shall be prescribed by law. 

Sec. 3. The first governor shall hold his office until the first Monday of 
December, in the year of our Lord one thousand eight hundred and twenty- 
two, and until another governor shall be elected and qualified to office : and 
forever after, the governor shall hold his office for the term of four years, 
and until another governor shall be elected and qualified ; but he shall not 
be eligible for more than four years in any term of eight years. He shall be 
at least thirty years of age, and have been a citizen of the United States 
thirty years ; two years of which next preceding his election he shall have 
resided within the limits of this state. 

Sec 4. He shall, from time to lime, give the general assembly informa- 
tion of the state of the government, and recommend to their consideration 
such measures as he shall deem expedient. 

Sec 5. He shall have power to grant reprieves and pardons after con- 
viction, except in cases of impeachment. 

Sec 6. The governor shall, at stated times, receive a salary for his 
services, which shall neither be increased nor diminished during the term 
for which he shall have been elected. 

Sec 7. He may require information in writing from the officers in the 
executive department, upon any subject relating to the duties of their 
respective offices, and shall take' care that, the laws be faithfully executed. 

Sec 8. When any officer, the right of whose appointment is, by this 
constitution vested in the general assembly, or in the governor and senate, 
shall, during the recess, die, or his office by any means, become vacant, the 
governor shall have power to fill such vacancy, by granting a commission 
which shall expire at the end of the next, session of the general assembly. 

Sec 9. He may, on extraordinary occasions, convene the general assem- 
bly by proclamation, and shall state to them when assembled, the purpose 
for which they shall have been convened. 

Sec 10. He shall be commander-in-chief of the army and navy of this 
state, and of the militia, except when they shall be called into the service of 
the United States. 

Sec 11. There shall be elected in each and every county in the said 
state, by those who are qualified to vote for members of the general assem- 
bly, and at the same times and places where the election for such members 
shall be held , one sheriff and one coroner, whose election shall be subject 
to such rules and regulations as shall be prescribed by law. The said 
sheriffs and coroners respectively, when elected, shall continue in office two 
years, be subject to removal and disqualification, and such other rules and 
regulations as may be, from time to time prescribed by law. 

Sec 12. In case of disagreement between the two houses with respect 
to the time of adjournment, the governor shall have power to adjourn the 
general assembly, to such time as he thinks proper, provided it be not to a 
period beyond the next constitutional meeting of the same. 

Sec 13. A lieutenant-governor shall be chosen at. every election for 
governor, in the same manner, continue in office for the same time and 
possess the same qualifications. In voting for governor and lieutenant- 
governor, the electors shall distinguish whom they vote for as governor, and 
whom as lieutenant-governor. 



30 STATE CONSTITUTION 

Sec. 14. He shall by virtue of his office be speaker of the senate, have 
a right, when in committee of the whole to debate, and vote on all subjects ; 
and whenever the senate are equally divided, to give the casting vote. 

Sfc. 15. Whenever the government shall be administered by the lieu- 
tenant-governor, or he shall be unable to attend as speaker of the senate, the 
senators shall elect one of their own members as speaker for that occasion ; 
and if during the vacancy of the office of governor, the lieutenant-governor 
shall be impeached, removed from office, refuse to qualify, or resign or die, 
or be absent from the state, the speaker of the senate shall in like manner 
administer the government. 

Sec. 16. The lieu'enant-governor, while he acts as speaker of the senate, 
shall receive for his services, the same compensation, which shall for the 
same period be allowed to the speaker of the house of representatives and 
no more : and during the time he administers the government as governor, 
he shall receive the same compensation which the governor would have 
received had he been employed in the duties of his office. 

Sec 17. If the lieutenant-governor shall be called upon to administer 
the government, and shall, while in such administration resign, die or be 
absent from the state during the recess of the general assembly, it shall be 
the duty of the secretary for the time being, to convene the senate for the 
purpose of choosing a speaker. 

Sec 18. In case of an impeachment of the governor, his removal from 
office, death, refusal to qualify, resignation or absence from the state, the 
lieutenant-governor shall exercise all the power and authority appertaining to 
the office of governor, until the time pointed out by this constitution for the 
election of governor shall arrive, unless the general assembly shall provide by 
law for the election of a governor to fill such vacancy. 

Sec 19. The governor for the time being and the judges of the supreme 
court or a major part of them, together with the governor, shall be and are 
hereby constituted a council to revise all bills about to be passed into laws 
by the general assembly ; and for that purpose shall assemble themselves 
from time to time when the general assembly shall be convened ; for which 
nevertheless they shall not receive any salary or consideration under any 
pretence whatever ; and all bills which have passed the senate and house of 
representatives shall, before they become laws, be presented to the said 
council for their revisal and consideration ; and if upon such revisal and 
consideration, it should appear improper to the said council or a majority of 
them, that the bill should become a law of this state, they shall return the 
same, together with their objections thereto in writing to the senate or house 
of representatives (in whichsoever the same shall have originated) who shall 
enter the objections set down by the council at large in their minutes, and 
proceed to reconsider the said bill. But if after such reconsideration the 
said senate or house of representatives shall, notwithstanding the said objec- 
tions, agree to pass the same by a majority of the whole number of members 
elected ; it shall, together with the said objections, be sent to the other 
branch of the general assembly, where it shall also be reconsidered ; and if 
approved by a majority of all the members elected, it shall become a law. 
If any bill shall not be returned within ten days after it shall have been pre- 
sented, the same shall be a law ; unless the general assembly shall by their 
adjournment render a return of the said bill in ten days impracticable ; in 
which case the said bill shall be returned on the first day of the meeting of 
the general assembly, after the expiration of the said ten days, or be a law. 



STATE CONSTITUTION. 31 

Sec. 20. The governor shall nominate, and by and with the advice and 
consent of the senate appoint a secretary of state, who shall keep a fair 
register of the official acts of the governor, and when required, shall lay the 
same and all papers, minutes and vouchers, relative thereto, before either 
branch of the general assembly, and shall perform such other duties as shall 
be assigned him by law. 

Sec. 21. The state treasurer and public printer or printers for the state 
shall be appointed biennially by the joini vote of both branches of the general 
assembly : Provided, That during the recess of the same, the governor shall 
have power to fill such vacancies as may happen in either of said offices. 

Sec 22. The governor shall nominate, and by and with the advice and 
consent of the senate, appoint all officers whose offices are established by 
this constitution, or shall be established by law, and whose appointments 
are not herein otherwise provided for : Provided however, That inspectors, 
collectors and their deputies, surveyors of the highways, constables, jailors 
and such inferior officers whose jurisdiction may be confined within the limits 
of the county, shall be appointed in such manner as the general assembly 
shall prescribe. 

ARTICLE IV. 

Sec 1. The judicial power of this state shall be vested in one supreme 
court, and such inferior courts as the general assembly shall from time to 
time, ordain and establish. 

Sec 2. The supreme court shall be holden at the seat of government, 
and shall have an appellate jurisdiction only, except in cases relating to the 
revenue, in cases of mandamus, and in such cases of impeachment as may 
be required to be tried before it. 

Sec 3. The supreme court shall consist in a chief justice and three 
associates, any two of whom shall form a quorum. The number of justices 
may, however, be increased by the general assembly after the year one 
thousand eight hundred and twenty-four. 

Sec 4. The justices of the supreme court and the judges of the inferior 
courts shall be appointed by joint ballot of both branches of the general 
assembly, and commissioned by the governor, and shall hold their offices 
during good behavior until the end of the first session of the general assem- 
bly, which shall be begun and held after the first day of January, in the year 
of our Lord one thousand eight hundred and twenty-four, at which time their 
commissions shall expire : and until the expiration of which time, the said 
justices, respectively, shall hold circuit courts in the several counties, in such 
manner and at such times, and shall have and exercise such jurisdiction as 
the general assembly shall by law prescribe. But ever after the aforesaid 
period, the justices of the supreme court shall be commissioned during good 
behavior, and the justices thereof shall not hold circuit courts unless required 
by law. 

Sec 5. The judges of the inferior courts shall hold their offices during 
good behavior, but for any reasonable cause which shall not be sufficient 
ground for impeachment, both the judges of the supreme and inferior courts 
shall be removed from office on the address of two-thirds of each branch of 
the general assembly : Provided always, That no member of either house 
of the general assembly, nor any person connected with a member by con- 
sanguinity, or affinity, shall be appointed to fill the vacancy occasioned by 
such removal. The said justices of the supreme court, during their tempo- 



32 STATE CONSTITUTION. 

rary appointments, shall receive an annual salary of one thousand dollars, 
payable quarter yearly out of the public treasury. The judges of the inferior 
courts, and the justices of the supreme court who may be appointed af(er 
the end of the first session of the general assembly, which shall be begun 
and held after the first day of January, in the year of our Lord one thousand 
eight hundred and twenty-four, shall have adequate and competent salaries, 
which shall not be diminished during their continuance .in office. 

Sec. 6. The supreme court, or a majority of the justices thereof, the 
circuit courts, or the justices thereof, shall, respectively, appoint their own 
clerks. 

Sec. 7. All process, writs and other proceedings shall run in the name 
of u the people of the state of Illinois." All prosecutions shall be carried on 
u in the name and by the authority of the people of the state of Illinois ," and 
conclude " against the peace and dignity of the same.'' 

Sec. 8. A competent number of justices of the peace shall be appointed 
in each county in such manner as the general assembly may direct, whose 
time of service, power, and duties shall be regulated and defined by law. 
And justices of the peace, when so appointed, shall be commissioned by the 
governor. 

ARTICLE V. 

Sec. 1. The militia of the state of Illinois shall consist of all free male 
able bodied persons, negroes, mulatt.oes and Indians excepted, resident of 
the state, between the ages of eighteen and forty-five years, except such 
persons as now are, or hereafter may be exempted by the laws of the 
United States or of this state, and shall be armed, equipped, and trained 
as the general assembly may provide by law. 

Sec 2. No person or persons, conscientiously scrupulous of bearing 
arms shall be compelled to do militia duty in time of peace, provided such 
person or persons shall pay an equivalent for such exemption. 

Sec 3. Company, battalion and regimental officers, staff officers ex- 
cepted, shall be elected by the persons composing their several companies, 
battalions and regiments. 

Sec 4. Brigadier and major generals shall be elected by the officers of 
their brigades and divisions respectively. 

Sec 5. All militia officers shall be commissioned by the governor, and 
may hold their commissions during good behavior, or until they arrive at 
the age of sixty years. 

Sec 6. The militia shall, in all cases, except treason, felony, or breach 
of the peace, be privileged from arrest during their attendance at musters 
and elections of officers, and in going to and returning from the same. 

ARTICLE VI. 

Sec I. Neither slavery nor involuntary servitude shall hereafter be 
introduced into this slate, otherwise than for the punishment of crimes, 
whereof the party shall have been duly convicted ; nor shall any male 
person, arrived at the age of twenty-one years, nor female person, arrived 
at the age of eighteen years, be held to serve any person as a servant, under 
any indenture hereafter made, unless such person shall enter into such in- 
denture while in a state of perfect freedom, and on condition of a bona fide 
consideration received or to be leceived for their service. Nor shall any 



STATE CONSTITUTION. 33 

indenture of any negro or mulatto hereafter made and executed out of this 
state, or if made in this state, where the term of service exceeds one year, 
be of the least validity, except those given in cases of apprenticeship. 

Sec. 2. No person bound to labor in any other state, shall be hired to 
labor in this state, except within the tract reserved for the salt works near 
Shawneetown ; nor even at that place for a longer period than one year at 
any one time ; nor shall it be allowed there after the year one thousand 
eight hundred and twenty-live : any violation of this article shall effect the 
emancipation of such person from his obligation to service. 

Sec 3* Each and every person who has been bound to service by con- 
tract or indenture in virtue of the laws of the Illinois territory heretofore 
existing, and in conformity to the provisions of the same, without fraud or 
collusion, shall be held to a specific performance of their contracts or in^- 
dentures ', and such negroes and mulattoes as have been registered in con- 
formity with the aforesaid laws shall serve out the time appointed by said 
laws : provided however, that the children hereafter born of such persons, 
negroes or mulattoes, shall become free, the males at the age of twenty- 
one years, the females at the age of eighteen years. Each and every, child 
born of indentured parents, shall be entered with the clerk of the county in 
which they reside by their owners, within six months after the birth of said 
child. 

ARTICLE VII. 

Sec. 1. Whenever two-thirds of the general assembly shall think it 
necessary to alter or amend this constitution, they shall recommend to the 
electors at the next election of members to the general assembly to vote 
for or against a convention * and if it shall appear that a majority of all the 
citizens of the state voting for representatives have voted for a convention, 
the general assembly shall, at their next session, call a convention, to con- 
sist of as many members as there may be in the general assembly ; to be 
chosen in the same manner, at the same place and by the same electors that 
choose the general assembly, and which convention shall meet within three 
months after the said election, for the purpose of revising, altering or 
amending this constitution. 

ARTICLE VIII. 

That the general, great and essential principles of liberty and free gov- 
ernment may be recognized and unalterably established, we declare, 

Sec. 1. That all men are born equally free and independent, and have 
certain inherent and indefeasible rights ; among which are those of enjoy- 
ing and defending life and liberty, and of acquiring, possessing and protect- 
ing property and reputation, and of pursuing their own happiness. 

Sec 2. That all power is inherent in the people, and all free govern- 
ments are founded on their authority and instituted for their peace, safety, 
and happiness. 

Sec 3. That all men have a natural and indefeasible right to worship 
Almighty God according to the dictates of their own consciences ; that 
no man can of right be compelled to attend, erect or support any place of 
worship, or to maintain any ministry against his consent ; that no human 
authority can in any case whatever control or interfere with the rights of 
conscience ; and that no preference shall ever be given by law to any reli- 
gious establishments or modes of worship. 
5 



34 STATE CONSTITUTION. 

Sec. 4. That no religious test shall ever be required as a qualification 
to any office or public trust under this state. 

Sec. 5. That elections shall be free and equal. 
Sec. 6. That the right of the trial by jury shall remain inviolate. 
Sec. 7. That the people shall be secure in their persons, houses, pa- 
pers, and possessions from unreasonable searches and seizures ; and that 
general warrants whereby an officer may be commanded to search suspect- 
ed places without evidence of the fact committed, or to seize any person 
or persons not named, whose offences are not particularly described and 
supported by evidence, are dangerous to liberty, and ought not to be 
granted. 

Sec. 8. That no freeman shall be imprisoned or disseized of his free- 
hold, liberties or privileges, or outlawed or exiled, or in any manner de- 
prived of his life, liberty or property, but by the judgment of his peers 
or the law of the land. And all lands which have been granted as a com- 
mon to the inhabitants of any town, hamlet, village or corporation, by any 
person, body politic or corporate, or by any government having power to 
make such grant, shall forever remain common to the inhabitants of such 
tovvn, hamlet, village or corporation : and the said commons shall not be 
leased, sold or divided under any pretence whatever : Provided however, 
that nothing in this section shall be so construed as to affect the commons 
of Cahokia or Prairie du Pont : Provided also, that the general assembly 
shall have power and authority to grant the same privileges to the inhabit- 
ants of the said villages of Cahokia and Prairie du Pont as are hereby 
granted to the inhabitants of other towns, hamlets, and villages. 

Sec. 9. That in all criminal prosecutions, the accused hath a right to 
be heard by himself and counsel ; to demand the nature and cause of the 
accusation against him ; to meet the witnesses face to face ; to have com- 
pulsory process to compel the attendance of witnesses in his favor. And 
in prosecutions by indictment or information, a speedy public trial by an 
impartial jury of the vicinage : and that he shall not be compelled to give 
ev dence against himself. 

Sec* 10. That no person shall, for any indictable offence, be proceed- 
ed against criminally by information, except in cases arising in the land or 
naval forces, or the militia when in actual service, in time of war or public 
danger, by leave of the courts, for oppression or misdemeanor in office. 

Sec. 11. No person shall, for the same offence, be twice put in jeopar- 
dy of his life or limb ; nor shall any man's property be taken or applied to 
public use, without the consent of his representatives in the general assem- 
bly, nor without just compensation b^ing made to him. 

Sec. 12. Every person within this state ought to find a certain remedy 
in the laws, for all injuries or wrongs which he may receive in his person, 
property or character ; he ought to obtain right and justice freely, and with- 
out being obliged to purchase it, completely and without denial, promptly 
and without delay, conformably to the laws. 

Sec. 13. That all persons shall be bailable by sufficient sureties, unless 
for capital offences, where the proof is evident or the presumption great ; 
and the privilege of the writ of habeas corpus shall not be suspended, un- 
less when in cases of rebellion or invasion, the public safety may require it. 
Sec. 14. All penalties shall be proportioned to the nature of the of- 
fence, the true design of all punishment being to reform, not to extermi- 
nate mankind. 



STATE CONSTITUTION. 35 

Sec. 15. No person shall be imprisoned for debt, unless upon refusal 
to deliver up his estate for the benefit of his creditors, in such manner as 
shall be prescribed by law, or in cases where there is strong presumption 
of fraud. 

Sec. 3 6. No ex post facto law, nor any law impairing the validity of 
contracts shall ever be made ; and no conviction shall work corruption of 
blood or forfeiture of estate. 

Sec 17. That no person shall be liable to be transported out of this 
state for any offence committed within the same. 

Sec IS. That a frequent recurrence of the fundamental principles of 
civil goverment is absolutely necessary to preserve the blessings of liberty. 

Sec 19. That the people have a right to assemble together in a 
peaceable manner to consult for their common good, to instruct their rep- 
resentatives, and to apply to the general assembly for redress of grievances. 

Sec 20. That the mode of levying a tax shall be by valuation, so that 
every person shall pay a tax in proportion to the value of the property he 
or she has in his or her possession. 

Sec 21. That there shall be no other banks or monied institutions in 
this state but those already provided by law, except a state bank and its 
branches, which may be established and regulated by the general assembly 
of the state as they may think proper. 

Sec 22. The printing presses shall be free to every person who under- 
takes to examine the proceedings of the general assembly or of any branch 
of government ; and no law shall ever be made to restrain the right thereof. 
The free communication of thoughts and opinions is one of the invaluable 
rights of man, and every citizen may freely speak, write, and print on any 
subject, being responsible for the abuse of that liberty. 

Sec 23. In prosecutions for the publication of papers investigating the 
official conduct of officers, or of men acting in a public capacity, or where 
the matter published is proper for public information, the truth thereof may 
be given in evidence. And in all indictments for libels the jury shall have 
the right of determining both the law and the fact, under the direction of 
the court as in other cases. 



SCHEDULE. 



Sec 1. That no inconveniences may arise from the change of a territo- 
rial to a permanent state government, it is declared by the convention, that 
all rights, suits, actions, prosecutions, claims, and contracts, both as it re- 
spects individuals and bodies corporate, shall continue as if no change had 
taken place in this government in virtue of the laws now in force. 

Sec 2. All fines, penalties, and forfeitures due and owing to the territory 
of Illinois shall enure to the use of the state. All bonds executed to the 
governor, or to any other officer in his official capacity in the territory, shall 
pass over to the governor or to the officers of the state, and their successors 
in office, for the use of the state, by him or by them to be respectively as- 
signed over to the use of those concerned, as the case may be. 

Sec 3. No sheriff, or collector of public moneys, shall be eligible to any 



3S STATE CONSTITUTION. 

office in this state, until they have paid over according to law, all moneys 
which they may have collected by virtue of their respective offices- 

Sec. 4. There shall be elected in each county three county commis- 
sioners for the purpose of transacting all county business, whose time of ser- 
vice, power and duties shall be regulated and defined by law. 

Sec. 5. The governor, secretary, and judges, and all other officers under 
the territorial government shall continue in the exercise of the duties of their 
respective departments until the said officers are superseded under the au- 
thority of this constitution. 

Sec 6. The governor of this state shall make use of his private seal, 
until a state seal shall be provided. 

Sec 7. The oaths of office herein directed to be taken, may be admin- 
istered by any justice of the peace until the general assembly shall otherwise 
direct. 

Sec 8. Until the first census shall be taken as directed by this constitu- 
tion, the county of Madison shall be entitled to one senator and three repre- 
sentatives ; the county of St. Clair, to one senator and three representatives ; 
the county of Bond, to one senator and one representative ; the county of 
Washington, to one senator and one representative ; the county of Monroe, 
to one senator and one representative ; the county of Randolph, to one 
senator and two representatives ; the county of Jackson, to one senator and 
one representative ; the counties of Johnson and Franklin to form one sen-* 
atorial district, and to be entitled to one senator, and each county to one 
representative ; the county of Union, to one senator, and two representa^ 
tives ; the county of Pope, to one senator and two representatives ; the 
county of Gallatin, to one senator and three representatives ; the county of 
White, to one senator and three representatives ; the county of Edwards, 
to one senator and two representatives ; and the county of Crawford, to one 
senator and two representatives . 

Sec 9. The president of the convention shall issue writs of election, 
directed to the several sheriffs of the several counties, or in case of the 
absence or disability of any sheriff, then to the deputy sheriff, and in case of 
the absence or disability of the deputy sheriff, then such writ to be directed 
to the coroner, requiring them to cause an election to be held for governor, 
lieutenant-governor, representative to the present congress of the United 
States, and members to the general assembly, and sheriffs and coroners, in 
the respective counties ; such election to commence on the third Thursday 
of September next, and to continue for that and the two succeeding days ; 
and which election shall be conducted in the manner prescribed by the ex-^ 
isting election laws of the Illinois territory ; and the said governor, lieuten- 
ant-governor, members of the general assembly, sheriffs and coroners, then 
duly elected, shall continue to exercise the duties of their respective offices 
for the time prescribed by this constitution, and until their successor or suc- 
cessors are qualified, and no longer.. 

Sec 10. An auditor of public accounts, an attorney general, and such 
other officers for the state as may be necessary, may be appointed by the 
general assembly ; whose duties may be regulated by law. 

Sec 11. It shall be the duty of the general assembly to enact such laws 
as may be necessary and proper to prevent the practice of duelling. 

Sec 12. All white male inhabitants above the age of twenty-one years, 
who shall be actual residents of this state, at the signing of this constiti:* 
tion, shall have a right to a vote at the election to be held on the third Thurs- 
day and the two following days of September next. 



STATE CONSTITUTION. 37 

Sec. 13. The seat of government for the state shall be at Kaskaskia until 
the [general assembly shall otherwise provide. The general assembly, at 
their first session holden under the authority of this constitution, shall peti- 
tion the congress of the United Stales, to grant to this state a quantity of 
land, to consist of not more than four, nor less than one section, or to give 
to this state the right of pre-emption in the purchase of the said quantity of 
land. The said land to be situate on the Kaskaskia river, and as near as 
may be, east of the third principal meridian on said river. Should the 
prayer of such petition be granted, the general assembly, at their next session 
thereafter, shall provide for the appointment of five commissioners to make 
the selection of said land so granted ; and shall further provide for laying 
out a town upon the land so selected ; which town, so laid out, shall be the 
seat of government of this state for the term of twenty years. Should, how- 
ever, the prayer of said petition not be granted, the general assembly shall 
have power to make such provisions for a permanent seat of government as 
may be necessary, and shall fix the same where they may think best. 

Sec 14. Any person of thirty years of age who is a citizen of the United 
States and has resided within the limits of this state two years next preceding 
his election, shall be eligible to the office of lieutenant-governor — any thing 
in the thirteenth section of the third article of this constitution contained to 
the contrary notwithstanding. 

Done in convention at Kaskaskia, the twenty-sixth day of August, in the 
year of our Lord, one thousand eight hundred and eighteen, and of the 
independence of the United States of America, the forty-third. 

In testimony whereof, we have hereunto subscribed our names. 

JESSE B. THOMAS, President of the convention and representative 

from the county of St. Clair, 

John Messinger, ) «. ril . 

° • > at. Clair county. 



James Lemen, jr. 
George Fisher, 
Elias Kent Kane. 



Randolph county. 



B. Stephenson, ) 

Joseph Borough, > Madison county. 

Abraham Prickett, ) 

Michael Jones, J 

Leonard White, V Gallatin county. 

Adolphus Frederick Hubbard, ) 

Hezekiah West, )■ T , 

William M'Fatridge, \ JohnSOn cow ^' 

Seth Gard, ) -m i 

Levi CompRtajJ ffT® 00my : 

Willis Harp-rave, ) TTr1 .. 

William M'Henry, \ Whlte cmmt 9- 

Caldwell Cams, 

Enoch Moore, 

Samuel Omelveny, 

Hamlet Ferguson, 

Conrad Will, j 

James Hall, jr. ! 

Joseph Kitchell, 

Ed. N. Cullom, 



Jllonroe county. 
Pope county. 
Jackson county. 

> Crawford county. 

Thos. Kirkpatrick, ) „ 7 
Samuel G. Morse, \ Boni1 T*' 



38 ORDINANCE. 

William Echols, ) > r . 

JohnWhiteaker, \ Umon *"*■ 

Andrew Bankson, Washington county, 

Isham Harrison, ) -p, 7 ,. 

rp, t) , . > franklin county, 

1 nomas Roberts, ) d 

ATTEST, 

WM. C. GREENUP, 

Secretary to the Convention, 



AN ORDINANCE, 



Whereas, the congress of the United States, in the act entitled " An 
act to enable the people of the Illinois territory to form a constitution and 
state government, and for the admission of such state into the Union on an 
equal footing with the original states, passed the 18th of April, 1818," have 
offered to this convention for their free acceptance or rejection, the follow- 
ing propositions, which, if accepted by the convention are to be obligatory 
upon the United States, viz ; 

1st. That section numbered sixteen in every township, and when such 
section has been sold, or otherwise disposed of, other lands equivalent 
thereto, and as contiguous as may be, shall be granted to the state for the 
use of the inhabitants of such township for the use of schools. 

2d. That all salt springs within such state, and the lands reserved for the 
use of the same shall be granted to the said state for the use of the said state, 
and the same to be used under such terms and conditions and regulations as 
the legislature of said state shall direct ; provided the legislature shall never 
sell nor lease the same for a longer period than ten years at any one time. 

3d. That five per cent, of the net proceeds of the lands lying within such 
state, and which shall be sold by congress from and after the first day of 
January, one thousand eight hundred and nineteen, after deducting all ex- 
penses incident to the same, shali be reserved for the purposes following, 
viz : Two-fifths to be disbursed under the direction of congress, in making 
roads leading to the state ; the residue to be appropriated by the legislature 
of the state for the encouragement of learning, of which one-sixth part shall 
be exclusively bestowed on a college or university. 

4th. That thirty-six sections or one entire township, which shall be desig- 
nated by the president of the United States, together with the one heretofore 
reserved for that purpose, shall be reserved for the use of a seminary of 
learning, and vested in the legislature of the said state, to be appropriated 
solely to the use of such seminary by the said legislature." 

And whereas, the four foregoing propositions are offered on the condition 
that this convention shall provide by ordinance, irrevocable without the con- 
sent of the United States, that every and each tract of land sold by the 
United States, from and after the first day of January, 1819, shall remain 
exempt from any tax laid by order, or under the authority of the state, 
whether for state, county or township, or any other purpose whatever, for 
the term of five years, from and after the day of sale. And further, that the 
bounty lands granted, or hereafter to be granted for military services during 
the late war, shall, while they continue to be held by the patentees or their 



ORDINANCE. 39 

heirs, remain exempt as aforesaid from all taxes for the term of three years 
from and after the date of the patents respectively ; and that all the lands 
belonging to the citizens of the United States, residing without the said state 
shall never be taxed higher than lands belonging to persons residing therein. 

Therefore, this convention, on behalf of, and by the authority of the peo- 
ple of the state, do accept of the foregoing propositions ; and do further 
ordain and declare, that every and each tract of land sold by the United 
States, from and after the first day of January, 1819, shall remain exempt 
from any tax laid by order, or under any authority of the state, whether for 
state, county or township, or any purpose whatever, for the term of five 
years from and after the day of sale. And that the bounty lands granted, or 
hereafter to be granted, for military services during the late war, shall, while 
they continue to be held by the patentees or their heirs, remain exempt, as 
aforesaid, from all taxes for the term of three years from and after the date 
of the patents respectively : and that all the lands belonging to the citizens 
of the United States, residing without the said state, shall never be taxed 
higher than lands belonging to persons residing therein. And this conven- 
tion do further ordain and declare, that the foregoing ordinance shall not be 
revoked without the consent of the United States. 

Done in convention at Kaskaskia, the twenty-sixth day of August, in the 
year of our Lord, one thousand eight hundred and eighteen, and of the 
independence of the United States of America, the forty-third. 

JESSE B. THOMAS, 
President of the Convention. 

ATTEST, 

WM. C. GREENUP, 

Secretary of the Convention. 



AN ORDINANCE 



For the government of the territory of the United States north-west of the 

river Ohio. 

Be it ordained by the United States in congress assembled, That the 
said territory, for the purposes of temporary government, be one disttict ; 
subject, however, to be divided into two districts, as future circumstances 
may, in the opinion of congress, make it expedient. 

Be it ordained by the authority aforesaid, That the estates both of resident 
and non-resident proprietors in the said territory, dying intestate, shall de- 
scend to. and be distributed among their children, and the descendants of a 
deceased child, in equal parts, the descendants of a deceased child or 
grand child to take the share of their deceased parent in equal parts among 
them : and where there shall be no children or descendants, then in equal 
parts to the next of kin, in equal degree ; and among collaterals, the children 
of a deceased brother or sister of the intestate shall have, in equal parts 
among them, their deceased parent's share ; and there shall, in no case, be a 
distinction between kindred of the whole and half blood ; saving in all cases to 
the widow of the intestate, her third part of the real estate for life, and one third 
part of the personal estate ; and this law relative to descents and dower, 
shall remain in full force until altered by the legislature of the district. And 



40 ORDINANCE. 

until the governor and judges shall adopt laws as hereinafter mentioned, 
estates in the said territory may be devised or bequeathed by wills in writing, 
signed and sealed by him or her, in whom the estate may be, (being of full 
age,) and attested by three witnesses ; and real estates may be conveyed by 
lease and release, or bargain and sale, signed, sealed and delivered, by the 
person, being of full age, in whom the estate may be, and attested by two 
witnesses, provided such wills be duly proved, and such conveyances be 
acknowledged, or the execution thereof duly proved, and be recorded within 
one year after proper magistrates, courts, and registers, shall be appointed 
for that purpose ; and personal property may be transferred by delivery ; 
saving, however, to the French and Canadian inhabitants, and other settlers 
of the Kaskaskies, Saint Vincents, and the neighboring villages, who have 
heretofore professed themselves citizens of Virginia, their laws and customs 
now in force among them, relative to the descent and conveyance of 
property. 

Be it ordained by the authority aforesaid, That there shall be appointed, 
from time to time, by congress, a governor, whose commission shall continue 
in force for the term of three years, unless sooner revoked by congress : 
he shall reside in the district, and have a freehold estate therein, in one 
thousand acres of land, while in the exercise of his office. 

There shall be appointed, from time to time, by congress, a secretary, 
whose commission shall continue in force for four years, unless sooner re- 
voked ; he shall reside in the district, and have a freehold estate therein, in 
five hundred acres of land, while in the exercise of his office ; it shall be his 
duty to keep and preserve the acts and laws passed by the legislature, and 
the public records of the district, and the proceedings of the governor in his 
executive department ; and transmit authentic copies of such acts and pro- 
ceedings, every six months, to the secretary of congress : There shall also 
be appointed a court, to consist of three judges, any two of whom to form 
a court, who shall have a common law jurisdiction, and reside in the district, 
and have each therein a freehold estate, in five hundred acres of land, while 
in the exercise of their offices ; and their commissions shall continue in force 
during good behavior. 

The governor and judges, or a majority of them, shall adopt and publish 
in the district, such laws of the original states, criminal and civil, as may be 
necessary, and best suited to the circumstances of the district, and report 
them to congress, from time to time ; which laws shall be in force in the 
district until the organization of the general assembly therein, unless disap- 
proved of by congress ; but afterwards the legislature shall have authority to 
alter them as they shall think fit. 

The governor for the time being, shall be commander in chief of the 
militia, appoint and commission all officers in the same, below the rank of 
general officers ; all general officers shall be appointed and commissioned by 
congress. 

Previous to the organization of the general assembly, the governor shall 
appoint such magistrates and other civil officers, in each county or township, 
as he shall find necessary for the preservation of the peace and good order 
in the same. After the general assembly shall be organized, the powers and 
duties of magistrates and other civil officers shall be regulated and defined by 
the said assembly ; but all magistrates and other civil officers, not herein 
otherwise directed, shall, during the continuance of this temporary govern- 
ment, be appointed by the governor. 

For the prevention of crimes and injuries, the laws to be adopted or made 



ORDINANCE. 41 

shall have force in all parts of the district, and for the execution of process, 
criminal and civil, the governor shall make proper divisions thereof; and he 
shall proceed from time to time, as circumstances may require, to lay out the 
parts of the district in which the Indian titles shall have heen extinguished, 
into counties and townships, subject, however, to such alterations as may 
thereafter be made by the legislature. 

So soon as there shall be five thousand free male inhabitants, of full age, 
in the district, upon giving proof thereof to the governor, they shall receive 
authority, with time and place, to elect representatives from their counties 
or townships, to represent them in the general assembly ; provided that, for 
every five hundred free male inhabitants, there shall be one representative, 
and so on, progressively, with the number of free male inhabitants, shall the 
ri.ht of representation increase, until the number of representatives shall 
amount to twenty-five ; after which the number and proportion of representa- 
tives shall be regulated by the legislature ; provided, that no person be 
eligible or qualified to act as a representative, unless he shall have been a 
citizen of one of the United States three years, and be a resident in the 
district, or unless ha shall have resided in the district three years ; and in 
either case, shall likewise hold in his own right, in fee simple, two hundred 
acres of land within the same ; provided also, that a freehold in fifty acres 
of land in the district, having been a citizen of one of the states, and being 
resident in the district, or the like freehold and two years residence 
in the district, shall be necessary to qualify a man as an elector of a 
representative. 

The representatives thus elected, shall serve for the term of two years ; 
and in case of the death of a representative, or removal from office, the 
governor shall issue a writ to the county or township, for which he was a 
member, to elect another in his stead, to serve for the residue of the term. 

The general assembly, or legislature, shall consist of the governor, 
legislative council, and a house of representatives. The legislative council 
shall consist of five members, to continue in office five years, unless sooner 
removed by congress ; any three of whom to be a quorum ; and the mem- 
bers of the council shall be nominated and appointed in the following manner, 
to wit : As soon as representatives shall be elected, the governor shall 
appoint a time and place for them to meet together, and when met, they 
shall nominate ten persons, residents in the district, and each possessed of 
a freehold in five hundred acres of land, and return their names to congress ; 
five of whom congress shall appoint and commission to serve as aforesaid : 
and whenever a vacancy shall happen in the council, by death or removal 
from office, the house of representatives shall nominate two persons, qualified 
as aforesaid, for each vacancy, and return their names to congress ; one of 
whom congress shall appoint and commission for the residue of the term : 
and every five years, four months at least before the expiration of the time 
of service of the members of council, the said house shall nominate ten 
persons, qualified as aforesaid, and return their names to congress ; five of 
whom congress shall appoint and commission to serve as members of the 
council five years, unless sooner removed. And the governor, legislative 
council, and house of representatives, shall have authority to make laws, in 
all cases, for the good government of the district, not. repugnant to the 
principles and articles in this ordinance established and declared. And all 
bills, having passed by a majority in the house, and by a majority in the 
council, shall be referred to the governor for his assent ; but no bill or 
legislative act whatever, shall be of anv force without his assent. The 
6 



42 ORDINANCE. 

governor shall have power to convene, prorogue, and dissolve, the general 
assembly, when in his opinion it shall be expedient. 

The governor, judges, legislative council, secretary, and such other 
officers as congress shall appoint in the district, shall take an oath or affirma- 
tion of fidelity, and of office ; the governor before the president of congress, 
and all other officers before the governor. As soon as the legislature shall 
be formed in the district, the council and house assembled, in one room, 
shall have authority, by joint ballot, to elect a delegate to congress, who 
shall have a seat in congress, with a right of debating, but not of voting 
during this temporary government. 

And for extending the fundamental principles of civil and religious liberty, 
which form the basis whereon these republics, their laws, and constitutions, 
are erected ; to fix and establish those principles as the basis of all laws, 
constitutions, and governments, which forever hereafter shall be formed in 
the said territory ; to provide, also, for the establishment of states, and 
permanent government therein, and for their admission to a share in the 
federal councils on an equal footing with the original states, at as early 
periods as may be consistent with the general interest : 

It is hereby ordained and declared, by the authority aforesaid, That the 
following articles shall be considered as articles of compact, between the 
original states and the people and states in the said territory, and forever 
remain unalterable, unless by common consent, to wit : 

ARTICLE I. 

No person, demeaning himself in a peaceable and orderly manner, shall 
ever be molested on account of his mode of worship or religious sentiments, 
in the said territory. 

ARTICLE II. 

The inhabitants of the said territory shall always be entitled to the benefits 
of the writs of habeas corpus, and of the trial by jury ; of a proportionate 
representation of the people in the legislature, and of judicial proceedings 
according to the course of the common law. All persons shall be bailable, 
unless for capital offences, where the proof shall be evident, or the presump- 
tion great. All fines shall be moderate ; and no cruel or unusual punish- 
ments shall be inflicted. No man shall be deprived of his liberty or pro- 
perty, but by the judgment, of his peers, or the law of the land, and should 
the public exigencies make it necessary, for the common preservation, to 
take any person's property, or to demand his particular services, full com- 
pensation shall be made for the same. And, in the just preservation of 
rights and property, it is understood and declared, that no law ought ever to 
be made, or have force in the said territory, that shall, in any manner what- 
ever, interfere with, or affect, private contracts or engagements, bona fide, 
and without fraud previously formed. 

ARTICLE III. 

Religion, morality, and knowledge, being necessary to good government 
and the happiness of mankind, schools and the means of education shall 
forever be encouraged. The utmost good faith shall always be observed 
towards the Indians ; their lands and property shall never be taken from 



ORDINANCE. 43 

them without their consent ; and in their property, rights, and liberty they 
never shall be invaded or disturbed, unless in just and lawful wars authorized 
by congress ; but laws founded in justice and humanity shall, from time to 
time, be made, for preventing wrongs being done to them, and for pre- 
serving peace and friendship with them. 

ARTICLE IV. 

The said territory, and the states which may be formed therein, shall 
forever remain a part of this confederacy of the United Slates of America, 
subject to the articles of confederation, and to such alterations therein as 
shall be constitutionally made ; and to all the acts and ordinances of the 
United States in congress assembled, conformable thereto. The inhabitants 
and settlers in the said territory shall be subject to pay a part of the federal 
debts, contracted or to be contracted, and a proportional part of the ex- 
penses of government, to be apportioned on them by congress, according to 
the same common rule and measure by which apportionments thereof shall 
be made on the other states ; and the taxes for paying their proportion, shall 
be laid and levied by the authority and direction of the legislatures of the 
district or districts, or new states, as in the original states, within the time 
agreed upon by the United States in congress assembled. The legislatures 
of those districts, or new states, shall never interfere with the primary dis- 
posal of the soil by the United States in congress assembled, nor with any 
regulations congress may find necessary, for securing the title in such soil, 
to the bona fide purchasers. No tax shall be imposed on lands the property 
of the United States ; and in no case shall non-resident proprietors be taxed 
higher than residents. The navigable waters leading into the Mississippi 
and St. Lawrence, and the carrying places between the same, shall be com- 
mon highways, and forever free, as w T ell to the inhabitants of the said 
territory, as to the citizens of the United States, and those of any other 
states that may be admitted into the confederacy, without any tax, impost, 
or duty therefor. 

ARTICLE V. 

There shall be formed in the said territory, not less than three, nor more 
than five states ; and the boundaries of the states, as soon as Virginia shall 
alter her act of cession, and consent to the same, shall become fixed and 
established as follows, to wit : the western state in the said territory, shall 
be bounded by the Mississippi, the Ohio, and Wabash rivers ; a direct line 
drawn from the Wabash and Post Vincents, due north, to the territorial line 
between the LTnited States and Canada ; and by the said territorial line to 
the lake of the Woods and Mississippi. The middle state shall be bounded 
by the said direct line, the Wabash from Post Vincents to the Ohio, by the 
Ohio, by a direct line drawn due north from the mouth of the Great Miami 
to the said territorial line, and by the said territorial line. The eastern state 
shall be bounded by the last mentioned direct line, the Ohio, Pennsylvania, 
and the said territorial line : provided however, and it is further understood 
and declared, that the boundaries of these three states shall be subject so far 
to be altered, that, if congress shall hereafter find it expedient, they shall 
have authority to form one or two states in that part of the said territory 
which lies north of an east and west line drawn through the southerly bend or 
extreme of lake Michigan. And whenever any of the said states shall have sixty 



44 ORDINANCE. 

thousand free inhabitants therein, such state shall be admitted, by its dele- 
gates, into the congress of the United States, on an equal footing with the 
original states, in all respects whatever ; and shall be at liberty to form a 
permanent constitution and state government : provided the constitution and 
government, so to be formed, shall be republican, and in conformity to the 
principles contained in these articles, and, so far as it can be consistent with 
the general interest of the confederacy, such admission shall be allowed at an 
earlier period, and when there may be a less number of free inhabitants in 
the state than sixty thousand. 

ARTICLE VI. 

There shall be neither slavery nor involuntary servitude in the said terri- 
tory, otherwise than in the punishment of crimes, whereof the party shall 
have been duly convicted : provided always, that any person escaping into 
the same, from whom labor or service is lawfully claimed in any one of the 
original states, such fugitive may be lawfully reclaimed, and conveyed to the 
person claiming his or her labor or service as aforesaid. 

Be it ordained by the authority aforesaid, That the resolutions of the 23d 
of April, 1784, relative to the subject of this ordinance, be, and the same 
are hereby repealed, and declared null and void. 

Pone, &e. 



THE PUBLIC AND GENERAL 

STATUTE LAWS 
OF THE STATE OF ILLINOIS. 



ABATEMENT. 



AN AC T relative to pleas in abatement, and the abatement of suits In force 
by the death of parties. 1826. ' 

Section 1. Be it enacted by the people of the state of Illinois, Pleas in 
nted in the General Assembly, That no plea in abatement, not received 



other than a plea to the jurisdiction of the court, or where the truth unless on 
of such plea appears of record, shall be admitted or received, un- 
less the party offering the same, file an affidavit of the truth thereof, costs 
And where a plea in abatement shall, upon argument, be determined awarded on 
insufficient, the plaintiff shall recover/ull costs, to the time of over- ™ieas™ U 
ruling such plea. 

Sec. 2. When one or more of the parties of a company, or Suits 
association of individuals, shall be sued, and the person or persons companies 
so sued, shall plead in abatement, that all the parties are not joined v oti ° abate 
in the suit, such suit, for that cause, shall not abate, if the plaintiff |g U f r£°_ ns 
or plaintiffs, forthwith sue out a summons against the other part- with issued 
ners named in the plea of abatement, and on the return of the sum- £eno* 
mons, may insert in the declaration, the names of the other partners joined. 
named in such plea, and proceed in all respects thereafter, as though 
such other partners named in said plea had been included in the 
original suit. And if such partners named in said plea, cannot be if parties 
found, the plaintiff or plaintiffs, upon the return of the said sum- ^™J / 
mons, may suggest in his declaration the names of those not found, maybe 
and proceed as in other cases where service is only made on part s ™&£ es e » 
of the defendants. And no other plea in abatement for non-joinder No other 
of defendants shall be allowed in the case. abatement 

Sec 3. No action commenced by a single w T oman, who inter- allowed. 
marries during the pendency thereof, shall abate on account of Suits not to 
such marriage : Provided, the husband shall appear in court, and marriage. 
cause such marriage to be suggested on the record, and the suit Proviso. 
may then proceed in the same manner as if it had been commenced 
after such marriage. 



die, if, fyc. 
If death is 
suggested, 
summons 
may issue 



46 ABATEMENT. 

Suits not to g EC# 4 # When any action shall be pending in any of the courts 
death of of this state, and the plaintiff, before final judgment, shall die, the 
■plaintiff, if, same shall not abate, if it might originally have been prosecuted by 
executor or his executor or administrator; and in such case the executor or 
administra- administrator may suggest such death on the record, and enter his, 
prosecute ner or tne * r names m the suit, and prosecute the same. And if 
the same, the defendant, while the action shall be pending in court, and be- 
Sameifde- tore ^ na ^ judgment, shall die, the same shall not abate, if it might 
fendant originally have been prosecuted against the executor or administra- 
tor. And the plaintiff, or his executor or administrator, may sug- 
gest such death on the record, and have a summons against the ex- 
ecutor or administrator of such deceased defendant, requiring them 
and suit to appear and defend the action. If the said executor or adminis- 
^nai e fud° - trator °f sucn deceased defendant, shall appear and make him, 
ment. ° her or themselves defendants, or if they shall not appear and make 
themselves defendants, (such summons being served on any one of 
them, ten days before the sitting of the court,) the action shall, in 
Suits either case, proceed to final judgment according to law. And 

against . ? J J b , • • , 

adminis- wlien a suit shall be commenced against an administrator, and 
tratorsnot b e f ore final judgment, his letters of administration shall be revoked, 

to abate by J b . ? . ' 

revocation and letters or administration be granted to another person, such 
of letters of su \t sna ]i not aDate Du t. the plaintiff shall suggest such fact upon 
Uon. record ; and after summons shall be served upon the last adminis- 

Summons trator , the suit shall proceed to final judgment as in other cases 

to be served . , . r J ° 

on last ad- under this act. 

ministra- Sec. 5. In any action pending before any court, if there be two 
Death not or more plaintiffs or defendants, and one or more of them die be- 
to abate f ore final judgment, if the cause of action survive to the surviving 
there are plaintiff or plaintiffs, or against the surviving defendant or defend- 
ed or more a n ts, the writ or action shall not abate, but such death being sug- 
fendants f/gested on the record, the action shall proceed. 
cause of Sec 6. The third, fourth, and fifth sections of this act shall be 

action sur- rui n i J '. c 

vive. applicable to all appeals and writs ol error. 

Writ of Sec. 7. The act entitled u An act concerning the abatement of 

ejrorinclu- suks by the death of partieSj », appr oved February 6, 1819, is 

Ad of 1819 nereD y repealed. 

repealed. Approved, December 30, 1826, 



ACCOUNT. 



In force w2JV ACT to regulate Actions of Account. 

June 1st, 

Section 1. Be it enacted by the people of the state of Illinois, 
Action of represented in the General Assembly, That when one or more 

account ex- . * . i}1 , 

tended to joint tenants, tenants in common or coparceners, in real estate, 
joint ten- or an y interest therein, shall lake, use or have the benefit thereof, 
ants'incom- in greater proportion than his, her or their interest therein, such 
mon and person or persons, or his or their executors and administrators, 
ners, shall be liable to render his or their reasonable account to the use 



ACCOUNT. 41 

and profit of such estate or interest, to his and their co-tenant or l ^ ir ™- 

. . \ , i, .. * it i i ecutors or 

jointly and severally. Actions or account may be brought and admims- 
maintained, by one joint tenant, tenant in common or coparcener, tratofii 
his or her executors or administrators against such, or any such 
co-tenant receiving more than comes to his or her just share or 
proportion, as bailiff or bailiffs, and against, his or her executors or 
administrators. 

Sec. 2. Any executor, heing a residuary legatee, may bring Residuary 
and maintain an action of account against his co-executor or ^ay main- 
executors of the estate of the testator, in his or their hands ; any *om action 
other residuary legatee shall have the like remedy against execu- accoun ' 
tors and administrators. 

Sec 3. Executors and administrators may have and maintain andadmin- 
actions of account, in the same manner, as their testator or intes- Orators 
tate might have had and maintained, if he or she had lived. Such tam action" 
actions may be brought and maintained against the executors or as thevr ies - 

i . • ^ J f ° j. , -yrr " • tator or in- 

administrators ol every guardian, bailiff or receiver. testate 

Sec 4. When any person is or shall be liable to account^ asmight. 
guardian, bailiff or receiver, or otherwise to another, and will not Persons ■ li- 
give an account willingly, and the party to whom such an account uclion not 
ought to be made, shall sue out a writ of account, and the person appearing-, 
against whom such writ shall be issued, being summoned, does not e ^ 
appear at the return of the writ, then the defendant shall be at- 
tached by his or her body to come and render his or her account. 
Sec 5. Whenever a judgment shall be rendered against any 
defendant, in an action of account, that he do account, the court When 
shall appoint not more than five, nor less than three able, disin- J £ "tendered 
terested and judicious men as auditors, to take the account, who auditors to 
shall be sworn faithfully and impartially to take and state the ac- e e dm appom ' 
count, between the parties, and make report to the court ; the 
auditors, or a majority of them, shall have pow r er to appoint the Power of 
time and place for the hearing, and shall give reasonable notice to auditors. 
the parties : and if the defendant shall neglect or refuse to attend Defendants 

I . , -ill!- not appear- 

at the time and place appointed and render Ins account, or ap- ing, ptain- 
pearing shall not render an account, the auditors shall receive a t :$ ,s t ac t ~ 
statement of the account from the- plaintiff and award to him the received. 
whole sum he claims to be due. 

Sec 6. If the parties appear, and produce' their books and If parties 
accounts before the said auditors, such auditors, or a majority of YiforTto™' 
them, shall proceed to take and state the accounts, and may take state ac- 
the testimony of witnesses, and examine either or both of the c ™ nis - 

', -1 • , . . . „ May exam- 

parties on oath respecting their accounts ; and may administer all ine witness 
necessary oaths to witnesses and parties. The auditors shall s f s or P ar ~ 
liquidate and adjust the accounts and state the balance and to L ' ,, 
whom due. They, or a majority of those present, shall report report, up- 
to the court by whom they were appointed, at the next term ° nwhic/l 
thereof; and if such report shall be approved by the court, \he J is l toZVen- 
court shall render judgment for the amount ascertained to be due, dered with 
with costs ; and the party in whose favor the report is made, shall c ° 
pay the auditors their fees, which shall be taxed as costs. \f Party re- 
either party shall refuse to be sworn, or answer proper questions btsvSrn 
respecting his account, the auditors may commit him to fail, there ma v b ? , 

* • *-l u i * u i • committed 

to remain, until he consent to be sworn or answer the interro- to jail. 
gatories. 



48 AMENDMENTS AND JEOFAILS. 

Sec. 7. Either party may appeal or prosecute a writ of error* 

. from the final judgment upon the report of the auditors, in the 

Writs of same manner, and upon the same conditions, as provided by law 

e d. in other cases. This act to take effect on the first day of June 

next. Approved, Jan. 1 1th, 1827. 



ADVERTISEMENTS. 



In force AN ACT concerning the public alion of Advertisements. 

Dec. 23, 



1826. 



Certificate 
of printer 
eviden 
publication 
of adver- 
tisement. 



Advertise 
ment to 



Sec. 1. Be it enacted by the people of the state of Illinois, 
represented in the General Assembly, That when any notice or 
advertisement shall be required by law, or the order of any court, 
ce q/to be published in any newspaper, the certificate of the printer or 
publisher, with a written or printed copy of such advertisement 
annexed, stating the number of papers in which the same shall 
have been published, and the dates of the first and last papers 
containing the same, shall be sufficient evidence of the publication 
therein set forth. 

Sec 2. When any notice or advertisement shall be duly pub- 
paidfor G by Mshed as aforesaid, relating to any cause or matter depending in 
party hav- any court of record, the same shall be paid by the party at whose 
lame in- instance the same shall be published ; who may exhibit his account 
serted, therefor to the proper court, which account, or so much thereof 
and to be as shall be deemed reasonable, may be taxed as costs, or other- 
costs. a " w ' se allowed in the course of the proceeding to which such ad- 
Pubiic ad- vertisement relates. And when such advertisement shall be made 
vertisement by any public officer, authorized by law so to do, the reasonable 
for e V Mof expense thereof, shall be allowed and paid out of the state or 
state or county treasury, as other demands and charges of the like nature. 
treasury. Approved, Dec 28th, 1826. 



AMENDMENTS AND JEOFAILS- 

In force 1st AN ACT concerning Amendments and Jeofails. 

June, 1827. ° J 

Sec 1. Be it enacted by the people of the state of Illinois, rep* 
Misprision resented in the General Assembly, That by the misprision of a 
nottoviti- c ^ er ' <: m an y P^ce wheresoever it be, no record or process 
ate process shall be annulled or discontinued, by mistaking, in writing, one 
or record. S y]] aD l e or one letter too much or too little ; but as soon as the 
thing is perceived, by challenge of the party, or in other manner, 
it shall be immediately amended in due form, without giving advan- 
tage to the party that challenges the same, because of such mis- 
prision ; and the court before whom such plea or record is made, or 



AMENDMENTS AND JEOFAILS. 49 

shall be depending, as well by adjournment, as by way of appeal, A ^^nd- 
or error, or otherwise, shall have power and authority, to amend Remade af- 
such record and process as aforesaid, as well after judgment, in terjudg- 

: * i . ... , c • i A meat. 

any suit, plea, record or process given, as belore judgment, as 
long as the same record and process is before them. 

Sec 2. The court in which any record, process, declaration, Power of 
count, plea, Warrant of attorney, writ, pannel or return is or may JJjJJJj^ 
be, while the same remains before them, shall have power to ex- pleadings. 
amine such records, processes, declarations, counts, pleas, war- 
rants of attorney, writs, pannels and returns, by them and their 
clerks, and amend (in affirmance of judgments of such records 
and processes) all that which, to them in their discretion, seemeth 
to be misprision of the clerks therein ; so that by such misprision 
of the clerks, no judgment shall be reversed or annulled. And 
if any record, process, declaration, count, plea, warrant of attor- 
ney, writ, pannel or return be certified defective, otherwise than 
according to the writing which thereof remained) in the offices, 
courts or places from whence they are certified, the parties, in 
affirmance of the judgments of such records and processes, shall 
have advantage to allege that the same writing is variant from the 
said certificates : and that being found and certified, the same 
variance shall be, by the said court, reformed and amended ac- 
cording to the first writing. 

Sec. 3. The courts before whom any misprision or default is. Courts may 
or shall be found, in any record or process, which is, or hereafter prLionTXf 
shall be depending before them, as well by way of appeal or error, sheriffs and 
as otherwise, or in the returns (the same made or to be made by oil€rs - 
sheriffs, coroners or any other) by misprision of the clerk ot any of 
the said courts, or by misprision of the sheriffs, under-sheriffs or 
deputies, coroners or their clerks, or other officers, clerks, or other 
ministers whatsoever, shall have power to amend such defaults or 
misprisions according to their discretion, and, by examination 
thereof by the said courts, to be taken when they shall think 
needful ; and all such amendments may be made as well after a 
judgment given upon verdict, confession, nihil (licit, or non sum 
informatus, as upon matter of law pleaded. 

Sec 4. For errors assigned, or to be assigned in any record, 
process, warrant of attorney, writ, original or judicial, pannel or Judgments 
return, for that in any places of the same there be erasures or not tobere - 

... II l" i !■ • i • versed for 

interlineations, or that there be any addition, subtraction or erasures or 
diminution of words, letters or titles, < r parcels of letters, found interlinear 

i i c -l tions. 

in any such record, process, warrant ol attorney, writ, pannel or 
return, no judgment, or record or decree, shall be reversed or 
annulled. 

Sec. 5. Record and process, real or personal or mixed, -New en- 
whereof judgment or decree shall be given and enrolled, or things dfrksnotto 
touching such pleas, shall in no wise be amended or impaired by impair or 
new entering of the clerks, either by the record of things certified, ™ e ™f$ Cm 
in no term subsequent to that in which such judgment or decree is 
or shall be given and enrolled. 

Sec 6. If any issue hath been, or shall be tried by any court 
or jury, and be found for either party, in any court of record, 
then the court by whom judgment ought to be given, shall proceed 
7 



50 AMENDMENTS AND JEOFAILS. 

After ver- anc | gj ve judgment in the same, any mispleading, lack of color, 
ment not to insufficient pleading or jeofail or any miscontinuance, discontinue 
be stayed by ance, misconceiving of process, misioining; of the issue, lack of 

misplead- , c U a 1 c 1 v c c 

i ngs or of h_ warrant ot attorney, or any other default or negligence or any ol 
er errors in the parties, their counsellors or attorneys to the contrary notwith- 
pea mgs. staoc {j n g . anc | t | ]e sa icJ judgments thereof, so to be had and given, 
shall stand in full strength and force, to all intents and purposes, ac- 
cording to the said verdict or finding, without any undoing the same 
by appeal, writ of error or false judgment, in like form as though 
no such default or negligence had ever been had or committed. 
After ver- Skc 7. If a verdict of a court or jury shall hereafter be given, 
dictjudgt. r or either party in any court of record, the judgment thereupon 
reversed shall not be stayed or reversed by any default of form, or lack of 
forward o/f orm } n anv writ, original or judicial, count, declaration, plaint, bill, 
• ' ' suit or demand, for want of any writ, or by reason of any imperfect 
or insufficient return of any sheriff or other officer, or for want of 
any warrant of attorney, or by reason of an} 7 manner of default in 
process, upon, or after any aid-prayer or voucher ; nor shall any 
such record or judgment after verdict, to be given hereafter, be 
reversed for any of tiie defects or causes aforesaid. 
Or for any Sec. 8. If any verdict be rendered by the court or jury, for 
lackcf 6 ° r either party, in any court of record, the judgment thereupon shall 
averment, not be stayed or reversed by reason of any variance in form only, 
between the original writ or process and the declaration, petition, 
plaint or demand, or for lack of an averment of any life or lives of 
any person or persons, so as upon examination, the said person be 
found to be in life, or by reason that any of the persons in whose 
favor the verdict is rendered is an infant and appeared by attorney. 
Sec 9. If any verdict shall hereafter be given by a court or 
jury for either party, in any court of record, judgment thereon 
shall not be stayed or reversed for any default in form or lack of 
form, or by reason that there are not pledges or but one pledge to 
Judgments prosecute, returned upon the original writ, or because the name of 
not to be re- the sheriff is not returned upon the original writ or process, or for 
wantofcer- default of entering pledges upon any petition, or declaration, or for 
tain dllega- default of alleging the bringing into court, any bond, bill, indenture 
or other deed or writing mentioned in the declaration or other 
pleading, for default of allegation of bringing into court letters tes- 
tamentary or of administration, or by reason of the omission of the 
words "with force and arms," or " against the peace" or for, or 
by reason of mistaking the christian or surname of the plaintiff or 
defendant, demandant or tenant, sum or sums of money, day, 
month or year, by the clerk, in any bill, petition, declaration or 
pleading, where the right name, surname, sum, day, month or year, 
in any writ, record or proceeding, or on the same record where 
the mistake is committed, is, or are once truly and rightly alleged, 
whereunto the party might have demurred and shown the same for 
cause, nor for want of the averment or words " and this he is 
ready to verify," or " and this he is ready to verify by the record," 
or for not alleging, " as appears by the record," or that there was 
no right venue, so as the cause was tried by a jury of the proper 
county, or place where the action is laid, nor shall any judgment 
after verdict be reversed, for want of entering that the person 



AMENDMENTS AND JEOFAILS. 51 

against whom such judgment is given, " be in mercy,"" or " be 
taken," or by reason that the words "be taken," are entered for 
" be in mercy," or that the words u be in mercy," for " betaken," 
nor for that in the judgment "it is granted" are entered for "it is 
considered," nor for that the increase of costs, after the verdict in 
any action, are n:>t entered at. the request of the party for whom 
judgment is given, nor by reason that the costs on any judgment 
are not entered to be by consent of the plaintiff ; but all such 
omission, variance, defects and all other matters of the like nature, 
not being against the right of the matters of the suit, nor whereby 
the issue or trial is altered, shall be amended by the courts, where 
such judgments are or shall be given, or whereunto the record is 
or shall be removed by appeal or writ of error. 

Szc. 10. Where any demurrer shall be joined, and entered in 
any action or suit, in any court of record, the judges shall proceed 
and give judgment according as the very right of the cause and 
matter in law shall appear unto them, without regarding any imper- 
fection, omission or defect for want of form in any writ, return, 
plaint, declaration or other pleading, process or course of proceed- 
ing whatsoever, except those only which the party demurring shall 
specially and particularly set down and express, together with his 0n dem \ ir - 

i J l J -r 5 b rers court to 

demurrer, as cause ot the same, notwithstanding that such l m per- decide only 
fection, omission or defect might heretofore have been taken to be f S- at tt^t 
matter ot substance, so as sufficient matter appear on the sain .the party 
pleadings upon which the court may give judgment, according to rfe??l "™^- 
the very right of the cause ; and therefore no advantage or excep- 
tion shall be taken of or for an immaterial traverse, of or for default 
of entering pledge upon any petition or declaration, or for the Q^ ain ^ e 
default of alleging the bringing into court any bond, bill, mjdentme jfeds not 
or writing; mentioned in the declaration or other pleadings, or of, c f vses °f 

o . ... i o ' ' clem urver 

or for the default of alleging the bringing into court of letters testa- 
mentary or of administration, or of, or for the emission of the 
words " with force and arms," and " against the peace," or either 
of them, or of, or for want of the averment, or words, " and this 
he is ready to verify," or, " and this he is ready to verify by the 
record,'" or of, or for not alleging " as appears by the record," 
but the court shall give judgment according to the very right of the 
cause as aforesaid, without regarding any such imperfection, 
omissions and defects, or other matter of like nature, except the — 
same shall be specially and particularly set down and shown for dally set 
cause of demurrer : and no judgment shall be reversed for any suchf° rt/l - 
imperfection, omission, defect or want of form, except such only 
as are before excepted. And after demurrer joined, the court Other de- 
before whom the same shall be pending; may, from time to time,-( ecis wa1J . 

. ,, , , . c « . & . -V . c . ' be amend- 

amend all and every sucti imperfection, omission, defect and want ed before 
of form as are before mentioned, other than those only which ifa judgment, 
party demurring shall specially and particularly set down, together 

with his demurrer as aforesaid. T , . 

c< x-< • • Judgments 

Sec. 11. Every thing herein before contained snail extend to by default 

all judgments which shall be entered upon confession, "nil dicit," or . con ff; 

or " non sum informatus," in any court ol record ; and no such be reversed 

judgment shall be reversed ; nor any judgment upon any writ °^{^ { ^ ed& 

enquiry of damages executed thereon shall be stayed or reversed u -ovM have 



52 APPRENTICES. 

been mred f or? Qr by reason of any imperfection, omission, defect, matter or 
yver ic . ^ } ' m ^ vvbich would have been aided and euied by this act in case a 
verdict had been given in such action or suit, so there be an origin- 
al writ, duly issued according to law. 
Writs of Sec. 12. This act shall extend to all suits in any court of record 
V and d quo US f° r tn(3 recovery of any debt due the state, or any duty or revenue 
warranto thereto belonging, and also to all writs of mandamus and informa- 
1™ this ad. l * ons °f l he nature of quo warranto and proceedings thereon. 
Writs of ^ FC * I** ' ^ wr * ts °f error ? wherein there shall be any variance 
error may from the original record, or any other defect, may and shall be 
be amend- amenc | et | ? and made agreeable to such record by the respective 

courts where such writs of error are or shall be made returnable. 
Provisions Sec 14. No part of this act shall extend to any indictment or 
of this act presentment for any criminal matter or process upon the same ; 
edtoqui nor to any writ, action, or information upon any popular or penal 
tam or en- statute » n0 r to any outlaw, or process thereupon in order there- 

minal cases. > J '" J- a 

unto. 
Actsrepeal- Sec. 15. All acts and parts of acts coming within the purview 
ed - of this act are hereby repealed : Provided, no defect in any pro- 

ceeding heretofore had shall be cured, or affected by the repealing 
clause of this act. This act to take effect on the first day of June 
next. 

Approved, Jan. 11, 1827. 



APPRENTICES. 

In force 1st AN ACT respecting Apprentices. 

%/UYlGj 18*7. 

Sec. 1. Be it enacted by the people of the state of Illinois, 
Males un- represented in the General Assembly, That if any male person 
der 21, and within the aee of twen.y-one vears, or female within the age of 

females un- • , ° • i n f c i i j i i 

der is may eighteen years, now is, or shall hereafter be bound by an indenture 
be appren- f his or her own free will and accord, and by and with the consent 
their own of his or her father, or in case of the death of his or her father, 
andtke V vith the consent of his or her mother or guardian, to be expressed 
iltir parent m sucn indenture, and signified by the signature and seal of such 
or guar- parent or guardian affixed to such indenture, and not otherwise, to 

dian. i **i 

serve as a clerk, apprentice or servant m any art or mystery, ser- 
vice, trade, employment, manual occupation or labor, until he or 
she arrive, if male, to the age of twenty-one, if female to the age 
of eighteen years, as the case may be, or for a shorter term, then 
the said clerk, apprentice or servant so bound as aforesaid, shall 
Mother the serve accordingly. Provided; That in all cases of illegitimate 
oftuegiti- children, the mother, or in case of her death, the guardian shall be 
mate chit- considered the proper person to give the consent required in this 
section, and, provided further, that it shall be lawful for any male 
_ . t infant under the ace of twentv-one years, or anv female under the 

Infants r . , ° , . - .•' • ..... 

having no age ol eighteen years, and who shall nave no parent or guardian living 
-parents or j n jjjjg state, or whose pareuls shall be dead, by and with the appro- 
maybind bation of the judge of probate, or of any two justices of the peace of 



APPRENTICES. 53 

the county where such infant shall reside, to hind himself or herself themselves 

. , J . <• '• l " i • i i witktheap- 

as a clerk, apprentice or servant as aforesaid, which approbation probation 
shall he endorsed on the indenture, and every such indenture shall ofthejudge 
be valid and binding ; and one copy thereof shall be filed in the \ two jus- 
office of the judge of probate for safe keeping. tices °f the 

Sec. 2. When the father is not in legal capacity to give the pea 
consent aforesaid, or when he shall have wilfully abandoned his Ifthefa- 
fainily for the space of six months without making suitable prwi- pacUated ' 
sion for their support, or has become an habitual drunkard > the the "mother 
mother shall have the same power to give such consent as if the "^/ t /" 
father were dead ; which facts of incapacity, desertion and drunken- dren. 
ness shall be decided and found in the court of probate by a jury incapTciiy 
of the vicinage, empannelled for that purpose, before the said to be tried 
indenture shall take effect ; and an endorsement on the said inden- >J aJur ^- 
ture under the seal of the court, that the same are approved by the 
court, shall be sufficient evidence of the mother's power to give 
such consent as aforesaid. But if the jury so empannelled as 
aforesaid shall not find the facts charged, to wit : incapacity, deser- Proviso as 
tion or drunkenness, then the person at whose instance such pro- to costs ' 
ceedings may have been bad, shall pay all costs attending the same, 
to be collected by the court of probate as costs in other cases. 

Sfc. 3. It shall be lawful for any two overseers of the poor, in Whenover- 
any county of this state, by and with the consent of the judge of p C e or may 
probate, or for any two justices of the peace, in any county of this ^c^oor 
state, to bind out any poor child, who is or shall be chargeable to CUt 7e? 
the county, or shall beg for alms, or shall be unable by reason of 
infancy or inability, to take care of and support himself or herself, 
or whose parents are or shall be chargeable to the county, or shall 
beg for alms, or the child of any poor and needy family, when the 
father is an habitual drunkard, or otherwise unable or unwilling to 
support his family, or if ihere be no father, where the mother is of 
bad character, or suffers her children to grow T up in habits of idle- 
ness without any visible means of obtaining an honest livelihood, to 
be apprentices as aforesaid, according to their degree and ability, 
until such child, if a male, shall arrive at the age of twenty-one 
years ; if a-female to the age of eighteen years, and the indentures 
or articles of agreement for binding any such infant shall be as 
effectual to all intents and purposes, as if such infant had bound 
himself or herself. One copy of such indentures, or articles of Indentures 
agreement, shall be filed in the office of the judge of probate for ^&^ 
safe keeping. And it shall be the duty of the justices of the peace office. 
or judge of probate, to see that the terms of the said indentures 
and contracts be fulfilled, and that such child be not ill used. 

Sec 4. In all indentures and contracts "hereafter made, for the Covenants 
binding or putting out of any child as a clerk, apprentice or servant, % 1 i^Jndm- 
there shall always be inserted among other covenants, a clause to lures. 
the following effect : " That the master or mistress, to whom such 
child shall be bound as aforesaid, shall cause such child to be taught 
to read and write, and the ground rules of arithmetic ; and shall 
also g've unto such apprentice, a new bible, and two new suits of 
clothes, suitable to his or her condition, at the expiration of his or Proviso as 
her term of service :" Provided, however, That when such appren- andmulat- 
tiee is a negro or mulatto child, it shall not be necessary to insert toes - 



54 APPRENTICES. 

in said indentures, that such negro or mulatto shall be taught to 
write, or the knowledge of arithmetic. 
Age to be Sec. 5. The age of any infant who shall be bound to serve as 
inserted in a c] er k; 5 apprentice or servant, according to the preceding sections, 
shall be inserted in his or her indentures. 

Sec. 6. All indentures, covenants, promises, and bargains, for 
Indentures having, taking or keeping any clerk, apprentice or servant, here- 
trary to this after to be made or taken, otherwise than is limited and prescribed 
law to be DV this act, shall be utterly void in law, as against such clerk, ap- 
prentice or servant. 
The judge Sec 7. The judge of probate, or any two justices of the peace, 
of probate shall at all times receive the complaints of apprentices, who reside 

or any two .,.,..,.. r . . J , J ' . , . 

justices of within the jurisdiction of such judge or justices, against their mas- 
the peace to ters or mistresses, alleging undeserved, or immoderate correction, 
plaints of " unwholesome food, insufficient allowance of food, raiment or lodg- 
appren- i n g, vvant of sufficient care or physic in sickness, want of instruction 
in their trade or profession, or the violation of any of the agree- 
ments or covenants in indentures of apprenticeship contained, or 
and sum- that he or she is in danger of beinE removed out of the jurisdiction 

won the r ■< • i "i n i • i 

master or ot this state ; and shall cause such masters or mistresses to be sum- 
mistressto moned before them, and shall on the return of the summons, whe- 
JoreThem. mer sucn master or mistress appear or not, hear and determine such 
cases, in a summary way, and make such order thereon, as in the 
judgment of the said judge of probate, or two justices of the peace, 
will relieve the party injured in future ; and shall have authority, if 
said judge or two justices think proper, to discharge such appren- 
tice of and from his or her apprenticeship or service. And in case 
any *money or other thing, shall have been paid, given, or con- 
Butif such traeted or agreed for by either party in relation to the said appren- 
^asbound ticeship or service, shall make such order concerning the same, as 
% the the said judge or justices of the peace shall deem just and reason- 
'probateor able. And if the said apprentice so discharged shall have been 
justices of bound originally by a judge of probate or two justices of the peace, 
temmjbe ]i sna ^ ^e tne duty °^ lne court Siting the discharge, again to bind 
rebound, him or her, if said court shall judge proper. 

Upon com- ^ EC - S- ^he said judge of probate, or any two justices of the 
plaint of peace shall, on the complaint of masters or mistresses, issue a war- 
mistrcsstfie rant against any apprentice for desertion, without good cause, or for 
judge of any misdemeanor, miscarriage or ill behavior, and may punish such 
hZ b fustices apprentice or servant according to the nature and aggravation of his 
of the peace or her offence, by imprisonment not exceeding ten days ; and in 
warrant 60 addition to the above punishment, where the offence shall be deser- 
against the Uon without good cause, the court may order the said apprentice 
apprentice, or servan t guiltv thereof, to make restitution bv the payment 

and mail o . > .< r J 

order him of a sum not exceeding eight collars lor each and every month he 
tomakeres- or s j. )e may [^ g0 a h se nt, to be collected as other debts, after such 
servant or apprentice shall become of full age. The awarding of 
Costs may costs on proceedings under this and the preceding sections, shall 
be awarded. h e j n the discretion of the court. An appeal to the circuit court 
Appeal al- f rom aiiy decisions made under this or the preceding sections, shall 

lowed to the , ,, J , . , . i- • 

circuit be allowed to either par'y, upon the party appealing, entering into a 

court. bond, with good and sufficient security, in the penalty of one hundred 

dollars, conditioned to prosecute such appeal to effect, and to 



APPRENTICES. 55 

abide by and perform the decision of the circuit court in the pre- 
mises : which court shall hear and decide such appeal, upon the 
same principles as the said judge of probate or justices ought to 
have heard and decided the original complaint. The decision otitsjudgL 
the circuit court shall be final and conclusive in the premises, &n<\fi naL 
shall not be subject to appeal or writ of error. The bond above 
mentioned, shall be entered into before the clerk of the circuit 
court, who shall thereupon proceed in said appeal as is directed by 
law, in cases of appeal from the decisions of justices of the peace 
in other cases. 

Sec. 9. Every person who shall counsel, persuade, entice, aid Penalty/or 
or assist any clerk, apprentice or servant, to run away or absent amjren^ce 
himself or herself from the service of his or her master or mistress, town away 
or to rebel against, or assault his or her master or mistress, shall ^^ter. 
forfeit and pay a sum not less than twenty, nor more than five 
hundred dollars, to be sued for and recovered by action on the 
case, with costs, by such master or mistress, in any court having 
jurisdiction thereof. 

Sec 10. Every person who shall entertain, harbor or conceal Penalty/or 
any clerk, apprentice or servant, knowing such clerk, apprentice haroor ^g 
or servant to have run away, or to have absented himself or herself apprentices. 
from the service of his or her master or mistress without leave, shall 
forfeit and pay one dollar for every day's entertaining, harboring 
or concealing as aforesaid ; to be sued for and recovered by action 
of debt with costs, by such master or mistress, in any court having 
jurisdiction thereof. 

Sec 11. The executor or executors who are, or shall be by the Executor 
last will and testament of a father, directed to bring up his child or may bind 
children to some trade or calling, shall have power to bind such tain case. 
child or children, by indenture, in like manner as the father if living 
might have done, or shall raise such child or children according to 
such directions. 

Sec 12. It shall not be lawful for any master or mistress, to Not to be 
remove any clerk, apprentice or servant bound to him or her as re ™ ov fd 

r . , J r , \ rr , ... . • i 11 out of the 

aloresaid out ol this state ; and ii at any time it shall appear to any state. 
judge, or justice of the peace, upon the oath of any competent 
person, that any master or mistress is about to remove, or cause 
to be removed, any such clerk, apprentice or servant out of this 
state, it shall be lawful for such judge or justice, to issue his war- 
rant, and to cause such master or mistress to be brought before 
him, and if upon examination, it appear that such apprentice, clerk Power and 
or servant, is in danger of being removed without the jurisdiction dxi ^°^ of 
of this state, the judge or justice may require the master or mistress probate and 
to enter into recognizance, with sufficient security, in the sum { Justices of 
one thousand dollars, conditioned that such apprentice, clerk or such cases. 
servant, shall not be removed without the jurisdiction of this state, 
and that the said master or mistress will appear with the apprentice, 
clerk or servant before the circuit court, at the next term thereof, 
and abide the decision of the court therein ; which recognizance 
shall be returned to the circuit court, and the said court shall pro- 
ceed therein, in a summary manner, and may discharge or continue 
the recognizance, or may require a new recognizance, and other- 
wise proceed according to law and justice. But if the master or 



6(5 



APPRENTICES. 



Master or 
mistress 
may sur- 
render ap- 
prentice. 



Bound to 
two or 
more, in 
case of 
death' of 
one, con- 
tract re- 
mains to 
and against 
survivor. 



Duty of ex- 
ecutors, <Sfc. 
in such 



If appren- 
tice run 
away or ab- 
sent him- 
self master 
may recover 
damages 
after full 
age of ap- 
prentice. 



mistress, when brought before any judge or justice, according to 
the provisions of ihis section, will not enter into a recognizance as 
aforesaid, if required so to do, "it shall be lawful for such judge or 
justice to commit the custody of such apprentice, clerk or servant 
to some other proper person, who will enter into recognizance as 
aforesaid. 

Sec. 13. Whenever any master or mistress of any clerk, ap- 
prentice or servant;, bound by the court as aforesaid, shall wish to 
remove out of this state, or to quit his or her trade or business, it 
shall and may be lawful for him or her, to appear with his or her 
apprentice, before the probate court of the proper county ; and 
such court shall have power if they deem it expedient, to dis- 
charge such clerk, apprentice or servant from the service of such 
master or mistress, and again bind him or her if necessary, to 
some other person of the same trade, business or employment. 

Sec 14. When any person shall become bound as clerk, 
apprentice or servant, according to the provisions of this act, to 
two or more persons, and one or more of them die before the 
expiration of the term of service, the indentures and contracts 
shall survive to, and against such survivor or survivors ; and in 
case of the death of all the masters or mistresses in any such inden- 
ture or contract named, before the expiration of the term of 
service, the executors or administrators s u all bring the indenture 
and contract, and the clerk, apprentice or ervant therein named, 
before the court of probate of the proper county, and such court 
shall if necessary, again bind such apprentice, clerk or servant to 
some other person. 

Sec. 15. Any clerk, apprentice or servant, bound according 
to the provisions of this act, who shall absent himself or herself 
from the service of his or her master or mistress, without leave 
first obtained, or who shall run away, so that the master or mis- 
tress shall be deprived of his or her service, during the remainder 
of the term, or any part thereof, for which he or she was bound 
to serve, then and in that case, it shall and may be lawful for the 
master or mistress of such clerk, apprentice or servant, to have 
an action on the case, in any court of competent jurisdiction against 
such clerk, apprentice or servant, after he or she arrives at full 
age, for the damage that such master or mistress may have sus- 
tained, by reason of the absence of such clerk, apprentice or 
servant : Provided, That such action shall be brought within six 
years, after such clerk, apprentice or servant, shall arrive at full 



Sec 16. All a°ts and parts of acts coming within the purview 

Proviso. of this act, are hereby repealed : Provided, That nothing herein 

contained, shall be so construed as to affect or impair the obligation 

of any existing indentures or contracts whatever. This act to 

take effect on the first day of July next. 

Approved, Dec. 30th, 1826. 



APPORTIONMENT. 57 



APPORTIONMENT. 



JIN ACT to apportion the Representation of the several Counties i n force 
in this Stale. J* n > 14 » 

1836. 

Sec. 1. Be it enacted by the people of the state of Illinois, 
represented in the General Assembly, That until the next census, 
as provided, by the constitution shall have been taken and an ap- 
/ portionment made thereon, the following shall be the ratio of rep- 
resentation for this state, viz : that each seven thousand white in- 
Labitants shall be entitled to one senator^ and each three thousand 
white inhabitants shall be entitled to one representative, to 
be apportioned and divided as follows, to-wit : The counties of 
Alexander and Union, one representative each, and the two to- 
gether one senator ; the counties of Johnson and Pope, one repre- 
sentative each, and the two together one senator ; the county of 
Gallatin, three representatives and one senator ; the counties of 
Hamilton and Jefferson, one representative each, and the two 
together one senator ■ the county of Franklin, two representa- 
tives, the county of Jackson, one representative and the two 
together One senator \ the counties of Washington and Perry, one 
representative each, and the two together one senator ; the county 
of White, two representatives and one senator, the counties of 
lEdwards, Wayne and Wabash, one representative each, and the 
three together one senator ; the county of Lawrence shall, at the 
next general election, elect two representatives, and at the suc- 
ceeding biennial election one representative ; and at the said first 
general election, the counties of Crawford and Jasper shall elect 
one representative, and at the succeeding biennial election two 
representatives together^ and so On alternately thereafter, until 
another apportionment shall be made, and the three counties to- 
gether one senator ; the county of Edgar, two representatives, 
and one senator ; the county of Coles, two representatives, the 
county of Clark, one representative, and the two together one 
senator ; the county of Vermillion three representatives, the coun- 
ty of Champaign, one representative, and the two together one 
senator ; the county of Madison, three representatives and one 
senator ; the county of St. Clair, three representatives and one 
senator ; the county of Monroe, one representative, and the three 
last mentioned counties together one senator ; the county of Ran- 
dolph, two representatives and one senator ; the counties of Clin- 
ton and Marion, one representative each, and the two together 
one senator ; the counties of Bond and Montgomery, one repre- 
sentative each, and the two together one senator ; the counties of 
Fayette and Effingham, together, two representatives, the county 
of Clay, one representative, and the three together one senator ; 
the county of Shelby, one representative and one senator ; the 
county of Greene, three representatives and one senator ; the 
counties of Calhoun and Greene, one representative and one sena- 
tor together ; the county of Macoupin one representative and 
one senator ; the county of Morgan, six representatives and three 
senators ; the countv of Sangamon, seven representatives and two 
8" 



58 



APPORTIONMENT. 



Counties 
joined to- 
g-ether 
made dis- 
tricts. 

Clerks' 
duty. 



senators ; the county of Tazewell, two representatives and one 
senator ; the county of McLean, two representatives, the county 
of Macon one representative, and the two together one senator ; 
the county of Adams, two representatives and one senator ; the 
county of Pike, two representatives and one senator ; the county 
of Schuyler, two representatives and one senator ; the county of 
Fulton, two representatives and one senator ; the couniies of 
McDonough and Hancock, one representative each, and the two 
together one senator ; the counties of Warren, Knox and Henry, 
the three together one representative and one senator ; the county 
of Cook, three representatives and one senator ; the county of 
La Salle, one representative and one senator ; the county of 
Iroquois shall vote for the senator to be elected in La Salle coun- 
ty, and elect one representative alone, the counties of Putnam and 
Peoria, one representative each, and the two together one sena- 
tor ; the counties of Jo Daviess, Mercer and Rock Island, to- 
gether, two representatives and one senator. 

Sec. 2. Whenever, in the preceding section, two or more 
counties are joined together for the purpose of electing represen- 
tatives or senator, they shall form, and are hereby constituted, 
districts for that purpose. 

Sec 3. At all future elections for senator or representatives 
the clerks of the county commissioners' courts of the counties of 
Alexander and Union, shall meet at the seat of justice of Union 
countv, to compare the returns of election for senator in said 
dislrict ; the district composed of the counties of Johnson and 
Pope, the clerks of the county commissioners' courts of said 
counties, shall meet at the seat of justice of Pope county, to 
compare the returns of elections for senator for said district ; the 
district composed of the counties of Jefferson and Hamilton, the 
clerks of the county commissioners' courts of said counties, shall 
meet at the seat of justice of Jefferson county, to compare the 
election returns for senator in said district ; the district composed 
of the counties of Franklin and Jackson, the clerks of the county 
commissioners' courts of said counties, shall meet at the seat of 
justice of Franklin county, to compare the election returns for 
senator in said district ; the district composed of the counties of 
Washington and Perry, the clerks of the county commissioners' 
courts of said couniies, shall meet at the seat of justice of Wash- 
ington county, to compare the election returns for senator in said 
district ; the district composed of the counties of Edwards, 
Wayne, and Wabash, the clerks of the county commissioners' 
courts of said counties shall meet at the seat of justice of Ed- 
wards county, to compare the election returns for senator in 
said district ; the representative district composed of the counties 
of Crawford and Jasper, the clerks of the county commissioners' 
courts of said counties, shall meet at the seat of justice of Craw- 
ford county to compare the election returns for representatives in 
said district ; the senatorial district composed of the counties of 
Lawrence, Crawford, and Jasper, the clerks of the county com- 
missioners' courts of said counties shall meet at the seat of jus- 
tice of Crawford county, to compare the election returns for sena- 
tor in said district ; the district composed of the counties of 






APPORTIONMENT. 59 

Coles and Clark, the clerks of the county commissioners' courts 
of said counties shall meet at the seat of justice of Coles county 
to compare the election returns for senator in said district ; the 
district composed of the counties of Vermillion and Champaign, 
the clerks of the county commissioners' courts of said counties 
shall meet at the seat of justice of Vermillion county, to compare 
the election returns for senator in said district ; the district com- 
posed of the counties of Madison, St. Clair and Monroe, the 
clerks of the county commissioners' courts of said counties, shall 
meet at the seat of justice of St. Clair county, to compare the 
election returns for senator in said district ; the district composed 
of the counties of Clinton and Marion, the clerks of the county 
commissioners' courts of said counties shall meet at the seat of 
justice of Clinton county, to compare the election returns for 
senator in said district ; the district composed of the counties of 
Bond and Montgomery, the clerks of the county commissioners' 
courts of said counties, shall meet at the seat of justice of Mont- 
gomery county, to compare the election returns for senator in said 
district ; the senatorial district, composed of the counties of 
Fayette, Effingham and Clay, the clerks of the county commis- 
sioners' courts of said counties, shall meet at the seat of justice 
of Effingham county, to compare the election returns for senator 
in said district ; the representative district composed of the coun- 
ties of Fayette and Effingham, the clerks of the county commis- 
sioners' courts of said counties, shall meet at the seat of justice 
of Effingham county to compare the election returns for represen- 
tatives in said district ; the district composed of the counties of 
Greene and Calhoun, the clerks of the county commissioners' 
courts of said counties, shall meet at the seat of justice of Greene 
county, to compare the election returns for senator and represen- 
tatives in said district ; the district composed of the counties of 
McLean and Macon,' the clerks of the county commissioners' 
courts of said counties shall meet at the seat of justice of McLet 



jean 



county, to compare the election returns for senator in said district ;. 
the district composed of the counties of McDonough and Han- 
cock, the clerks of the county commissioners' courts of said 
counties shall meet at the seat of justice of McDonough county, 
to compare the election returns for senator in said district; the 
district composed of the counties of Warren, Knox and Hen 



i \ 



: i 



the clerks of the county commissioners' courts of said counties, 
shall meet at the seat of justice of Knox county, to compare the 
election returns for senator and representatives in said district ; 
the district composed of the counties of La Salle and Iroquois, 
the clerks of the county commissioners' courts of said counties 
shall meet at the seat cf justice of La Salle county, to compare 
the election returns for senator in said district ; the district com~ 
posed of the counties of Putnam and Peoria, the clerks of the 
county commissioners' courts of said counties shall meet at the 
seat of justice of Peoria county to compare the election returns 
for senator in said district ; the district composed of the counties 
of Jo Daviess, Mercer, and Rock Island, the clerks of the coun- 
ty commissioners' courts of said counties, shall mee' at the seat 
of justice of Jo Daviess county to compare the election returns 
for senator and representatives of said district. 



60 ARBITRATIONS AND REFERENCES. 

Sec. 4. The clerks of the county commissioners' courts above 

Clerks to named, shall meet at the several places before mentioned, within 

fifteen days next after any election for senator or representatives, in 

any of the said districts, for the purpose of comparing the votes 

given at such election. 

Sec 5. Within the first thirty days of the session of the senate, 
the additional senator to be elected from Morgan county, and the 
Senators to senator to be elected from Cook county, and the senator to be 
ejected from Pike county, and the senator to be elected from Ma- 
coupin county, and the senator to be elected from Fulton county, 
and the senators to be elected from the districts composed of the 
counties of La Salle and Iroquois, McLean, Macon, Calhoun, 
Greene, Putnam, Peoria, Madison, St. Clair, Monroe, Hancock, 
McDonough, Warren, Knox, Henry, Coles, Clark, Washington, 
and Perry, shall proceed to divide by lot their said number into 
two classes, the first class of which shall serve until the expiration 
of two years from the first Monday in August, eighteen hundred and 
thirty-six, and the second class shall serve four years from the first 
Monday in August, eighteen hundred and thirty-six ; and in case of 
any vacancy occurring in any of the aforesaid offices, the same 
shall be filled in the manner prescribed by law for filling vacancies 
in the General Assembly. 

Approved, Jan. 14, 1836. 



ARBITRATIONS AND REFERENCES. 

Juf° r \ e JIN ACT regulating Arbitrations and References. 

1827. 

Sec 1. Beit enacted by the people of the state of Illinois, rcp- 
Disputants resen f e d { n tj u General Assembly, That all persons desirous to end 

may agree .. i . • • r i • i i 

to submit to any dispute or controversy by arbitration, tor which there is no 
arbitrators, other remedy but by action at law, or suit in equity, may agree 
that their submission to arbitration shall be made a rule of the cir- 
By submis- cuit court, and may insert such their agreement in the submission, 
si °S- in ,y or m tne condition of the bond or promise ; which agreement, on 
rule of producing an affidavit of the due execution thereof, and filing it in 
court. t i ]e C ourt, may be entered of record, and a rule of court shall 
thereupon be made, that the parties shall submit, to, and be finally 
concluded by such arbitration ; or such persons desirous to end 
sonai lap- any dispute or controversy as aforesaid, may personally appear 
pearance fy before the circuit court, and acknowledge that they have mutually 
in open agreed to refer all their matters of difference, or any particular dis- 
pute, to the arbitrament of certain persons by them agreed on and 



court. 
Rule 



named : on their desiring such submission to be made a rule oi' 



court, the same may be entered of record, and a rule of court shall 
be made, that the parties shall submit to and be finally concluded 
by such arbitration. In either of the above cases, when the award 
onmearX sna ^ De f° r ^ le payment of money only, the same being returned 
into, and accepted by the court, judgment shall be rendered thereon 



Judgment 



ARBITRATIONS AND REFERENCES. 61 

for the party in whose favor the award is made, to recover the 
sum awarded, to be paid to him, together with the costs of arbitra- **° %&(["» 
tion and the costs of court, and execution may issue thereon ac- be entered 
cording]?. No judgment shall be entered on any such award, un- unlessit . A 

• i n J i i c i i i ' • appear that 

less it shall appear to the court that a copy ol the award and notice a co P y of 
to appear and shew cause why judgment should not be entered on the award 

ri ,. "11 i ii i and notice 

the same, has been previously served on the party to be charged totkeoppo- 
with the judgment, at least four days before the motion for judg- ^e.party 
ment shall be made : no judgment shall be entered on motion as ' oe fore mo- 
aforesaid, after one year from the time of making the award. tion for 

Sec. 2. When the award shall be for the performance of any J LiSuation. 
thing other than the payment of money, the same being returned 
into and accepted by the court as aforesaid, obedience thereto may Obedience 
be enforced in the said court, by attachment, in the same manner, forced. 6n ~ 
as obedience may be compelled to any other rule of court. 

Sec 3. Any arbitration, umpirage or award, procured by cor- An award 
ruption or undue means, shall be judged void, and may be set °ragTpro- 
aside in law or equity ; in equity, bv proceedings on original bill, cured by 

di • • „i "i l • • i i corruption, 

at law, on motion in the court where submission is made a rule wW ; ' 

of court, or where any suit or proceedings shall be instituted on „. . 

, i • • i i l • • i r^ i • i Objection to 

the arbitration bond, submission or award. Complaint must be be made 
made of such corruption or undue practice, before final judgment Wore 
upon the said bond, submission or award. Ju gmen ' 

Sec 4. When any personal action shall be pending in the cir- How ac- 
cuit court, and the parlies desire to refer the same, it may be done l ™ ns P end ~ 

1 r . * ing rnaij 

by a rule of the court, the report of the referees being approved by be r-f erred. 
the court, and entered of record, shall have the same effect as the 
verdict of a jury, and the like judgment shall be entered upon it 
as if the same finding had been by a jury ; the costs of the refer- 
ence shall be taxed with the other costs of the suit. 

Sec 5. The several clerks of the circuit courts and the justices Process 
of the peace in their several counties, may issue subpenas for theJ5%JJn*- 
attendance of witnesses before arbitrators and referees : If any wit- ses to attend 
ness, after being duly summoned, shall fail to attend, the arbitrators trators™ % ' 
or referees may issue an attachment to compel his attendance, and Penalties 
the said witness shall moreover be liable to the party for refusing io s ° e r s ™ e j\£T 
attend the same as in trials at law. The arbitrators and referees »»g\ 
may administer oaths and affirmations to witnesses; may punish m ^J ^ ors 
contempts committed in their presence during the hearing of a minister 
cause, the same as a court of record ; may continue the hearing of mniikftr 
a cause from time to time upon good cause shewn, and may admit contempt. 
depositions to be read in evidence, the same as in trials at lav/. unuemuse. 

Sec 6. Each arbitrator and referee shall before he proceeds to 
the duties of his appointment take an oath or affirmation, faithfully Arbitrators 
and fairly to hear and examine the cause in question, and to make tobesworn - 
a true and just report or award, (as the case may be,) according 
to the best of his skill and understanding ; which oath or affirmation, 
any judge or justice of the peace of this state is authorized and 
required to administer. 

Sec 7. Each arbitrator and referee shall be allowed for every 
day's attendance to the business of his appointment, one dollar, to pemqtion^ 
be paid in the first instance, by the party in whose favor the award 
or report shall be made, but to be recovered of the other party 



62 



ARBITRATIONS AND REFERENCES. 



Witnesses, 
sheriffs, 
and other 
officers al- 
lowed fees. 



with the other costs of suit, if the award or repdrt shall entitle the 
prevailing party to recover costs. Witnesses shall receive the 
same fees for attendance at arbitrations and references, as shall be 
allowed them in the circuit courts. Sheriffs, constables, clerks 
and justices of the peace, shall be entitled to the same fees for ser- 
vices performed in relation to any arbitration or reference, as shall 
be allowed by law for the like services in their respective courts. 
Former act Sec. 8. The act entitled "An act authorizing and regulating 
repealed, arbitrations," approved February 25, 1819, is hereby repealed. 
This act to take effect from the first day of July next. 

Approved, January 6, 1827. 



In force 
March 1. 
1833. 



AN ACT to amend an act, entitled u An Act regulating arbitra- 
tions and references," approved January 6, 1827. 



on referees. 



Duty of 



Sec. 1. Beit enacted by the people of the state of Illinois, repre- 
appoLT ay senie d m* the General Assembly, That whenever it shall appear in 
referees on any cause pending in any of the circuit courts of this state, by 
Iwnof ar lne oatn °^ e ^ mer P ar tyi or otherwise, that the trial of the same 
ties. will require the examination of a long account on either side, such 

court may on application, and by and with the consent of both par- 
ties, order such cause to be referred to three impartial and compe- 
tent persons. 
When par- Sec 2. If the parties agree on their persons as referees, such 
ties asrree persons shall be appointed by the court. If they disagree, each 
party shall name one, and the court shall appoint the persons so 
nominated, and such other person as the court shall designate. 

Sec 3. The referees appointed in pursuance of the foregoing 
provisions, shall proceed with diligence, to hear and determine the 
matters in controversy. They shall appoint a place and time for 
hearing, and adjourn the same from time to time, as may be neces- 
sary. And on the application of either party, and for good cause, 
they may postpone such hearing, to a time not extending beyond 
the next term of the court in which the said suit is pending. 

Sec 4. Before proceeding to hear any testimony in the cause, 
the referees shall be sworn, faithfully and fairly to hear, examine, 
and determine the cause, according to the principles of equity and 
justice, and to make a just and true report according to the best of 
their understanding, which oath may be administered by any jus- 
tice of the peace, or clerk of the circuit court, in which the suit is 
pending. 

Sec 5. Witnesses may be compelled to appear before such 
referees, by subpenas issuing out of the court, in which the cause 
is pending, in the same manner and with like effect, as in cases of 
trials in such court. 
Any of re- Sec 6. Any one of the referees may administer the necessary 
ferees may Qgfa t0 t | )e witnesses produced before them, for examination. A 
oaths™ ' majority of the referees may meet together, and hear the proofs 



Shall be 

sioorn. 



May com- 
pel atten- 
dance of 
witnesses. 



ATTACHMENTS. C3 

and allegations of the parties, and a report by any two of such shall 
be valid. 

Sec. 7. The referees may be compelled by the order of the Court may 
court in which the cause is pending, to proceed to a hearing there- S^f^ 6 " 
of, and to make a report of the amount they find due to either 'act. 
party. 

Sec 8. An entry of such reference, shall be made on the record, 
and day shall be given to the parties, from time to time, until the ^ e f erenc ^ 
referees report, or they be thereof discharged, on filing such re- teredo/ 
port. Judgment shall be entered thereon, in the same manner, and record - 
with like effect, as upon the verdict of a jury ; the cost of refer- 
ence shall be taxed, as other cost of the suit. This act to take 
effect from and after its passage. 

Approved, 1st March, 1833. 



ATTACHMENTS. 



AJY ACT concerning Attachments* in force 



June 2, 
1833. 



com- 



Sec 1. Be it enacted by the people of the state of Illinois, rep 
resented in the General Assembly, That if any creditor or his agent On 
shall make complaint on oath or affirmation to the clerk of the cir-^"/ ^_ 
cuit court of any county in this state, that his or her debtor is about tackment 
to depart this state, or has departed from this state, with the inten- may issue ' 
tion in either case of having his effects and personal estate removed j^ atureo f 
without the limits of this state, or stands in defiance of any officer, complaint. 
authorized to arrest him or her, on civil process, so that the ordi- 
nary process of law cannot be served on such debtor ; and if such 
creditor or his agent shall also make oath or affirmation, that such 
debtor is indebted to such creditor in a sum exceeding twenty dol- 
lars of lawful money of the United States, specifying the amount 
and nature of such indebtedness, it shall be lawful for such creditor 
to sue or cause to be sued out of the office of the said clerk, a writ 
of attachment, directed to the shpriff of the county in which he is 
clerk, returnable as other writs are, to the circuit court for said 
county, commanding him to attach the said debtor, by all and sin- Substance 
gular his or her lands and tenements, goods and chattels, rights and attachment. 
credits, moneys and effects of what nature soever, or so much 
thereof as will be sufficient to satisfy the debt so sworn to, with in- 
terest and costs of suit, in whose soever hands or possession the 
same may be found in his bailiwick. It shall be lawful for such How 
sheriff to serve and levy such attachment upon the lands and tene- served - 
meuts, goods and chattels, rights and credits, money and effects of 
such debtor, within his bailiwick, whenever the same may be found, 
or in the hands of any person indebted to, or having any effects of 
such debtor, and to summon such person as garnishee, to appear at 
the court to which the attachment is returnable, there to answer 
upon oath or affirmation what amount he or she is indebted to the 
defendant in the attachment, or what effects of such defendant, he 



64 



ATTACHMENTS. 



Returned. 

Allowance 
to garnish- 



Non-resi-' 
dent debt- 
ors. 



When two 
or more 
non-resi- 
dents are 
jointly in- 
debted. 



Writ may 
issue 
against 
heirs , cf*c. 



Oath. 



Non-re- 
sident 
creditor. 



Oith may 
be made by 
agents. 



Clerk be- 
fore grant- 
ing attach- 
ment shall 
take bond. 



or she hath in his or her hands, or had or was indebted at the time 
of serving such attachment, and what effects or debts of the defen- 
dant there are in the bands of any other person or persons, to his 
or her knowledge or belief; which attachment being duly returned 
served, and setting forth in what manner such service has been 
made, and if on a garnishee, the court may thereupon compel such 
garnishee to appear and answer as aforesaid ; there shall be allow- 
ed to such garnishee, out of the effects attached, a reasonable sum 
for his or her attendance. 

Sec. 2. When any person who shall be an inhabitant of any 
state, territory, or country, without the limits of this stale, so that 
he or she cannot be personally served with process, shall be in- 
debted to any person a resident of this state, and hath any estate, 
real or personal, within the same, any of the said clerks may issue 
an attachment against such estate of such foreign person under the 
rules, restrictions, and regulations in this act contained, so far as 
the same shall be applicable. 

Sec. 3. When two or more persons not residing in this state, 
are jointly indebted, either as joint obligors, partners or otherwise, 
then the writ or writs of attachment shall and may be issued against 
the separate and joint estate of such debtors or any of them, either 
by their proper names or by or in the name or style of the part- 
nership, or by whatever other name or names such joint debtors 
shall be generally reputed, known or distinguished within this state, 
or against the heirs, executors or administrators of them, or either 
or any of them ; and the lands and tenements, goods and chattels, 
rights, credits, and effects of such debtors, or either or any of 
them, shall be liable to be seized and taken for the satisfaction of 
any just debt or other legal demand, and may be sold to satisfy the 
same. The oath or affirmation of non-residence and indebtedness 
shall be made before, and filed with the clerk of the circuit court 
of the county from whence the attachment issues, and shall also 
state the residence of the debtors. 

Sec 4. If the creditor or plaintiff in the attachment be absent 
from, or non-resident of this stale, it shall and may be lawful for 
such creditor, by himself or agent, or attorney, to attach the estate 
and property o( his debtor, both real and personal, that may be 
found in this state, in any or all of the cases provided for by this 
act ; and the oath or affirmation required by any of the preceding 
sections, may be made by such agent or attorney, and the like 
proceedings may be had thereon, as if such oath or affirmation had 
been made by the creditor or plaintiff in proper person. 

Sec 6. Every clerk before granting an attachment as aforesaid, 
shall take bond and security from the party for whom the same 
shall be issued, his or her agent or attorney, payable to the defend- 
ant in double the sum for which the complaint shall be made, con- 
ditioned for satisfying all costs which may be awarded to such 
defendant, in case the plaintiff suing out the attachment therein 
mentioned shall be cast in the suit ; and also all damages which 
shall be recovered against the plaintiff for wrongfully suing out, 
such attachment ; which bond, with affidavit or affirmation of the 
party complaining, his or her agent, or attorney, shall be filed in 
the office of the clerk granting the attachment. Every attachment 



ATTACHMENTS. 65 

issued without a bond and affidavit taken and returned as aforesaid, Attachment 
is hereby declared illegal and void, and shall be dismissed. out bond 

Sec. 7. To prevent errors in issuing attachments and taking andaffi- 
bonds, the attachment and the condition of the bond shall be in the 
form, or to the effect following, viz : 

u The people of the state of Illinois to the sheriff of county, _ 

YTT-i * t> / p i -n I Form of 

greeting: Whereas, A. B. (or agent or attorney ol A. B. as the attachment. 
case may be,) hath complained on oath (or affirmation) to 
clerk of ihe circuit court of county, that C. D. is justly 
indebted to the said A. B. to the amount of and oath (or affirma- 
tion) having been also made, that the said C. D. resides out of this 
state, or absconds, or conceals himself or herself, or stands in 
defiance of a civil officer authorized to arrest him or her with civil 
process, so that the ordinary process of law cannot be served upon 
him, or is about to depart this state with intention to have his 
effects and personal estate removed without the limits of the same, 
or has left the state with the intention of having his effects and per- 
sonal estate removed therefrom (as the case may be) and the 
said having given bond and security according to the directions 
of the act in such case made and provided : We therefore com- 
mand you, That you attach so much of the estate, real or personal, 
of the said C. D. to be found in your county, as shall be of value 
sufficient to satisfy the said debt and costs according to the coup 
plaint. : and such estate so attached in your hands to secure, or so 
to provide, that the same may be liable to further proceedings 
thereupon, according to law, at a court to be holden at for the 

county of upon the day of next, so as to compel the 

said C. D. to appear and answer the complaint of the said A. B. 
and that you also summon as garnishee, to be and appear at 

the said court on the said day of next, then and there to 
answer to what may be objected against him, when and where you 
shall make known to the said court how you have executed this 
writ, and have you then and there this writ. Witness judge 
of the said court, this day of in the year of our Lord," 

&c. which attachment shall be signed by the clerk, and the seal of 
the court affixed thereto. 

"The condition of this obligation is such, that whereas the Form of 
above bounden hath, on the day of the date hereof, prayed an on ' 
attachment at the suit of against the estate of the above named 
for the sum of and the same being about to be sued out re- 
turnable on the day of next, to the term of the court then 
to be holden : Now if the said shall prosecute his suit with 
effect, or in case of failure therein shall well and truly pay and 
satisfy the said all such costs In said suit, and such damages 
as shall be awarded against the said his heirs, executors or 
administrators, in any suit or suits which may hereafter be brought 
for wrongfully suing out the said attachment, then the above 
obligation to be void, otherwise to remain in full force and effect." Yrmvotto 
No attachment shall be abated or dismissed for want of form, if the.'vltiate at- 
essential matters expressed in the foregoing precedents be sub- ^ T cfimenL 

. .. r i ■"* ° Upon ser- 

stantially set lorth. vice of at- 

Sec 8. Upon the service of every writ of attachment, it shall t ^ m %f' of . 
be the duty of the officer serving the same, to take the estate andjj? cer . 
9 



66 ATTACHMENTS. 

property so attached into his possession, in whose custody or 

possession soever the same may be, and the estate and property 

shall remain in the safe keeping and care of the said officer, in order 

a* , to answer and abide the Judgment of the court, unless the person 

May here- . ■ i u r i i n 

plevied. or persons in whose possession the same may be iound, snail enter 

into bond and security to the officer to be approved hy such officer, 
in double the sum for which such attachment shall have issued, 
with condition that the said estate and property shall be forthcoming 
to answer the judgment of the court in said suit. 
On defend- Sec. 9. Upon the defendant or defendants replevying any at- 
ants re- tached effects, by giving bond and security, the sheriff or officer 
P sheriffhaii sna ^ return such bond to the court, before whom the attachment is 
return the returnable, on the first day of the term thereof. If such bond shall 
property, j^ jopfgjtgj^ tDe sheriff may assign such bond to the plaintiff in the 
Bond may attachment by a writing thereon, under his hand, in the presence 
be assign- of two or more credible witnesses, and after such assignment the 
e " plaintiff may bring a suit in his own name thereupon. If the 

plaintiff will not accept such assignment of such bond, and the 
court shall adjudge such security insufficient, such sheriff shall be 
subject to the same judgment and recovery, and have the same 
liberty of defenr e as if he had been made defendant in the attach- 
ment, unless good and sufficient security shall be given, and bond 
filed during the term of the court to which such attachment is re- 
fci,.. ,. turnable, at which term the objections to the sufficiency of the 

Objections ■ i i n , i J ■ , , • J ■ 

to suffiden- security taken, shall be made to entitle the party suing out the at- 

wkmtobe' tacnment J to proceed against the sheriff; and execution may issue 

made. thereupon as in other cases of judgment. And whenever the 

judgment of the plaintiff, or any part thereof, shall be paid or 

sat : sfied by any such sheriff, he shall have the same remedy against 

the defendant for the amount so paid by him, as is now provided 

Remedy ofty ^ aw f° r Da 'l against their principal, where a judgment is paid or 

sheriff. ' satisfied by them. He shall likewise have the same remedy on a 

bond of a garnishee, which shall be adjudged insufficient, as is or 

may be provided on bonds, or security given for the appearance of 

a defendant in a civil action. 

Sheriff Sec 10. If the sheriff shall fail to return a bond taken by virtue 

.failing to f the provisions of this act, or shall have neglected to take one 

take bond. i i i „. i i • i • i i 

when he ought to have done so, in any attachment issued under 

any provisions of this act, the plaintiff in the attachment may 

Rale may cause a rule to be entered at any time during the two first days of 

be entered, the term, to which the writ is returnable, requiring the said sheriff 

to return the said bond ; in case no bond has been taken, to shew 

cause why such bond was not taken. If the said sheriff shall not 

again™™ return the said bond within one day thereafter, or shew legal and 

Sheriff. sufficient cause why the said bond had not been taken, judgment 

shall be entered up against him for the amount of the plaintiff's 

demand, with costs of suit ; execution may thereupon issue for the 

same, whenever judgment shall have been entered against the 

defendant in the attachment. 

When ser- Sec 11. When any attachment shall be issued out of the cir- 

vedon cu j t court and levied or served on a garnishee, it shall be the duty 

gamisiee. Qf ^ Q s [ )er ",ff to return the same if required by the plaintiff, and on 

return thereof, the clerk shall give notice for four weeks success- 



Execution. 



ATTACHMENTS. 67 

ively in some newspaper published in this state most convenient to Publication 
the place where the court is held, of such attachment, and at whose to be made 
suit, against whose estate, for what sum, and before what court lhe'weeks? T 
same is pending, and that unless the defendant shall appear on the 
return day of such writ, judgment will be entered, and the estate 
attached will be sold : Provided, that in case of foreign attachment, Mease of 
if sixty days shall not intervene between the first insertion of 5uchf°J'n nat - 
notice and the first term of the court, then the cause shall be con- 
tinued until the next term of the court. 

Sec. 12. On the return of any writ of attachment against a de- On return 
fendant, it shall be the duty of the clerk of the court in which the tadimelxt " 
suit is pending, to give notice for four weeks successively in some publication 
newspaper published in this state, most convenient to the place shatt'h 
where the court is held, of such attachment, and at whose suit, made. 
against whose estate, for what sum, and before what court the same 
is pending ; and that unless the defendant shall appear, give bail, 
and plead within the time limited for his or her appearance in such 
case, judgment will be entered, and the estate so attached will be 
sold. If the defendant appear, put in sufficient bail, and plead as if defend- 
aforesaid, his estate so attached shall be liberated, and the garni- ant a PP^r, 
shee or garnishees, if any, discharged. 

Sec. 13. If any attachment as aforesaid shall be returned exe- Whenat- 
euted, and the estate attached shall not be replevied, or defence '^J" 6 enf . 
shall not be made as this act directs, the plaintiff shall be entitled ecutedand 
to judgment for his whole debt and costs, having established the no 1 l re P Ievi - 

. i • ed iud cr - 

existence of such debt, by legal testimony, and may thereupon ment. ° 

take execution for the same according to law, as provided in other 

cases in debt. All the estate attached and not replevied, shall be Estate tobe 

sold for, and towards satisfying the plaintiff's judgment in the same sold - 

manner as such property is required to be when taken in execution 

on a writ of fieri facias. Where an attachment shall be returned G< 1 trmshee 

served in the hands of any garnishee, it shall be lawful upon his or ed with at- 

her appearance and examination in the manner as is by this act tachment > 

directed, to enter up judgment and award execution against every 

s«uch garnishee, judgment having been first entered against the ori- a t a fm™ 

ginal debtor, for all sum or sums of money due from him or them, to 

the defendant in the attachment, or in his, her, or their custody, or 

possession, for the use of such original debtor, or so much thereof 

as shall be of value sufficient to satisfy the debt and costs of the 

complaint. All goods and effects whatsoever in the hands of any 

garnishee or garnishees belonging to such defendant, shall also be 

liable to satisfy such judgment. 

Sec 14. Where any garnishee shall be summoned by the she- Failing- to 
riff or other officer in the manner aforesaid, and shall fail to appear a PP ear 
and discover on oath or affirmation, as by this act is directed, it 
shall be lawful for the court after solemnly calling the garnishee, 
and such court is hereby authorized and required to enter a condi- 
tional judgment against such garnishee, and thereupon a scire facias Scire facias 
shall issue against such garnishee, returnable to the next term of sm lssue '- 
the court, to shew cause if any he have, why final judgment should 
not be entered against him, upon such scire faciashe'mg duly exe- 
cuted and returned ; if such garnishee shall fail to appear, accord- 
ingly, and discover on oaih or affirmation in the manner aforesaid, 



68 ATTACHMENTS. 

the court shall confirm such judgment, and award execution for the 
plaintiff's whole judgment and costs, and if upon the examination 
of any garnishee, it shall appear to the court, that there is any of 
the defendant's estate in the hands of any person or persons who 
have not been summoned, such court shall, upon motion of the 
Judicial at- plaintiff, grant a judicial attachment, to be levied upon the property 
tachment. \ n tnQ nan d s f snc h person or persons having any of the estate of 
the defendant in his or their possession or custody, who shall appear 
When gar- and answer, and be liable as other garnishees. Where any garni- 
nishee deli- s | iee s [ ]a ]} deliver to the sheriff all the goods, chattels, and effects 
Joods, &c, whatsoever, found or confessed to be in his or her possession be- 
longing to the defendant or any part thereof, the same shall be 
received in discharge of so much of the judgment as the same shall 
be appraised to by the jury aforesaid, who shall enquire and return 
the value thereof, according to the evidence which may be submit- 
ted to them relative thereto. 

If it shall appear that the debt of any such garnishee to such 
Where the defendant is not yet due, which fact shall also appear by the find- 
iarniskee m § °f the jury v1 and the time when it becomes due^ then execution 
is not due, shall be stayed against such garnishee until the .same shall become 
sliaitbe 11 ^ ue ' notnnl g m this act shall be construed to authorize a judgment 
stayed. to be rendered against a garnishee, for a debt which may be due 
Negotiable on a negotiable instrument, unless such debt shall be due at the time 
Instrument of rendering the judgment. 

Piaintif ^ EC " ^' ^ an 3 7 suc ^ WF ^ °^ attachment shall be served as 
may compel aforesaid, it shall and may be lawful for any such plaintiff at any 
of a arni T t ' me ^ ur ' n g tne return term of the said court, to prepare, exhibit 
sA.ee. and file, all and singular such allegations and interrogatories in writ- 

ing, upon which he or she shall be desirous to obtain, and compel 
Interroga- the answer of any and every garnishee, touching the lands, tener 
ments, goods, chattels, moneys, credits and effects of the said 
defendants and the value thereof, in his, her or their possession, 
custody, or charge, or from him, her or them, due and owing to the 
said defendant at the time of the service of the said writ, or at any 
time after, or which shall or may thereafter become due ; and it 
Answer of shall be the duty of each and every such garnishee, to exhibit and 
garnishee. fi] e under his oath or affirmation, on or before the third day of the 
next succeeding term, full, direct and true answers to all and singu- 
lar the allegations and interrogatories by the said plaintiff supported, 
exhibited, and filed, in the manner herein before directed and 
described. 
Wherepiff. Sec. 3 6. Whenever the plaintiff, in any attachment shall allege, 
shall allege that any garnishee, summoned in such attachment, hath not disco- 

that garni- j i r 1 1 1 1- i • i 1 e i 

sheehasvot vered the true amount ot debts due nom him to the defendant, or 
made a true what goods and chattels, belonging to the defendant, are in his or 
, iscoieiy. | iej , p 0SSesg r 0n? t h e court shall direct, without the formality of 
pleading, a jury to be empanneiled immediately, (unless good 
cause be shown by either party for a continuance,) to enquire what 
is the true amount due from such garnishee to ihe defendant, and what 
goods and chattels are in his possession, belonging to the defend- 
ant. If the finding of the jury shall be against such garnishee, the 
court shall grant judgment in the same manner as if the facts found 
by the jury had been confessed by him or her, on his or her exa* 



ATTACHMENTS. 69 

ruination, and costs of inquest ; and if the jury find in favor of the 
garnishee he shall recover his costs against the plaintiff. 

Sec. 17. Where any witness resides out of the state or out of wi tnesSTe , 
the county in which any attachment may be pending, and in which siding out 
the testimony of such witness may be required, it shall be lawful ^° un/yor 
for either party or garnishee in such attachment, on filing intenoga- 
tories with the clerk of the court from which such attachment has 
issued, and giving ten days notice of the time and place of taking 
such testimony, by serving a copy of such notice on the opposite Deposi, 
party, or if such party shall be absent from, or reside out of the s " 
county, then by affixing a notice in writing thereof on the door of 
the court house of such county, at least ten days before the day set 
for the taking thereof, to obtain a commission from the clerk of the 
court to take the testimony of such witness or witnesses on such 
interrogatories ; such examination may be read on the trial on mo- 
tion of either of the parties or garnishee. 

Sec 18. In all cases of attachment, any person other than the p ersomn0 f 
defendant, claiming the property attached, may interplead without defendants 
giving hail, but the property attached, shall not thereby be reple- JJjJJj^ 
vied ; and the court shall immediately (unless good cause be may inter- 
shewn bv either party for a continuance) direct a jury to be enipan-»P /c , Cfd . w ! l ^~ 

J 1 # v / J J 1 OVt STlVfflg 

nelled to enquire into the right of property ; in all cases where the bail, 
jury find for a claimant, such claimant shall be entitled to his costs; 
and where the jury find for the plaintiff in the attachment, such 
plaintiff shall recover his costs against such claimant. 

Sec 19. If judgment by default shall be entered on %ny Jvdo . ment 
attachment against the estate of the defendant, in any court of this by default. 
state, no execution shall issue thereon, except against the goods 
and chattels, lands, and tenements on which the attachment may 
have been served, or against a garnishee or garnishees, who shall Execution. 
have money or other property in his or their hands belonging to the 
defendant ; if the defendant shall appear, put in bail, and plead to 
the suit, the judgment rendered therein shall have the same force 
and effect as if a capias ad respondendum had been served on the 
person of the defendant. 

Sec 20. When any goods and chattels shall be levied on by when pro- 
virtue of any attachment, and the sheriff or other proper officer, in v eri v levied 
whose custody such goods and chattels are, shall be of opinion that / , " l - s w " t / r 
the same are of a perishable nature, and in danger of immediate shall be of 
waste and decay, such sheriff or other officer as aforesaid, shall 3^ AaWe 
summon three respectable freeholders of his county, who shall ex- Duty of 
amine the goods and chattels so levied on ; and if the said free- officer. 
holders shall on oath or affirmation certify that, in their opinion, 
they are of a perishable nature, and in danger of immediate waste 
and decay, and if the person or persons to whom such goods and 
chattels belong, his, her or their agent or attorney, shall not within 
twenty days after serving such attachment replevy the same, then 
such goods and chattels shall be sold at public vendue by the she- sale, 
riff or other proper officer, he having first advertised such sale at 
the court house and two other public places in his county, at least Notice, 
ten days before the sale ; the money arising from such sale, shall be Money, 
liable to the judgment obtained upon such attachment, and deposited 
in the hands of the clerk of the court to which the process shall be 
returnable, there to abide the event of such suit. 



70 



ATTACHMENTS. 



Slaves 
when at- 
tached. 



Suste 
nance 



Compensa 
tion. 



Suit shall 



Sec. 21. When any sheriff or other officer shall serve an at- 
tachment on slaves, or indentured or registered colored servants, 
or horses, cattle, or live stock, and the same shall not be imme- 
diately replevied or restored to the debtor, it shall and may be 
lawful for such officer, and he is hereby required to provide suffi- 
cient sustenance for the support of such slaves indentured, or 
registered colored servants, and live stock, until the same shall be 
sold, or otherwise legally disposed of, or discharged from such 
attachment. They shall receive therefor a reasonable compen- 
sation, to be ascertained and determined by the court out of which 
the attachment issued, and the same shall be charged in the fee 
bill of such officer, and shall be collectable as part of the costs in 
the attachment. 

Sec 22. No suit or writ of attachment shall abate by the 
™£ e death of death of either party, where the cause of action would survive to 
either par- the executor or administrator ; but such death being suggested 
upon the record, the cause shall proceed under the regulation fol- 
lowing : " Whenever a plaintiff in an attachment shall die, the ex- 
ecutor or administrator of such plaintiff shall, within three months 
after the probate of the will, and obtaining letters testamentary, or 
after obtaining letters of administration, cause to be issued by the 
clerk of the court in which such attachment is pending, a scire 
facias, returnable to the next term of the said court, giving notice 
of bis intention to become a party in the place and stead of the 
deceased testator or intestate, which shall be published at least four 
weeks successively in some newspaper published within this state, 
previous to the commencement of the term of such court, to which 
such scire facias is returnable, proof of which being exhibited to 
the court, such executor or administrator may, on motion, be made 
plaintiff therein, and the cause thereupon proceed : And where 
the defendant shall die, a scire facias shall issue in manner afore- 
said, immediately after the expiration of two months ; which 
scire facias shall contain a notice to the legal representatives of 
the defendant, whether executor, administrator, or heirs, of the 
pendency of such attachment, and of the intention of the plaintiff 
to proceed with the same ; which being published in like manner 
for four weeks successively before the sitting of such court, in the 
case of an absconding or concealed debtor, or one who was stand- 
ing in defiance of an officer, at the time of suing out such attach- 
ment, or one who intended to depart or had departed from the state, 
with the intention of removing his effects and personal estate be- 
yond the limits of this state ; and in the case of a non-resident 
debtor, in some newspaper printed in this state, four times before 
the first day of the. term of such court, and proof of such publi- 
cation being exhibited to said court to the satisfaction thereof, it 
shall be lawful for the plaintiff to proceed with his attachment, as 
Executor, if such death had not taken place. The executor, administrator, 
fr c - or other legal representative of the defendant, may appear at the 

return of the scire facias, and upon giving bond and security upon 
the same terms, and for the performance of the same conditions, 
that the defendant would have been required to give by this act, if 
living, shall be permitted to plead, and defend the said attachment 



to- 



Scire fa 
cias. 



Publica- 
tion. 



Scire fa 
cias. 



Publica 
Hon. 



Foreign at 
tachment. 



in the same manner 
have done. 



as his testator, intestate or ancestor might 



ATTACHMENTS. 71 

Sec. 23. Any defendant against whom an attachment may be Set-off. 
sued out, under the provisions of this act, or garnishee may avail 
himself in his defence of any set-off properly pleadable by the 
laws of this state, notwithstanding such set-off may be not due 
at the time of suing out such attachment, or at the trial thereof, tiff orde^ 
any claim due or not due, may be set off by the garnishee, w h eth- fendant. 
er it exist against the plaintiff or defendant in the attachment. 

Sec 24. In all cases where more than one attachment shall Where 
be issued against the same person or persons, and returned to the oue attach- 
same term of the court to which they are returnable, or where a meni shall 
judgment in a civil action shall also be rendered at the same term andretum- 
against the defendant, who is the same person and defendant in the edto the 
attachment or attachments, the court shall direct the clerk to JJr^aurl" 1 
make an estimate of the several amounts each attaching or judg- 
ment creditor will be entitled to, out of the property of the defen- 
dant attached, either in the hands of any garnishee, or otherwise, 
after the sale and receipt of the proceeds thereof by the sheriff, 
calculating such amount in proportion to the amount of their sev a 
eral judgments, with costs, as the same will respectively bear to 
the amount of the sum received, so that each attaching and judg- 
ment creditor will receive his just part thereof in the proportion 
to his respective demand, the clerk shall thereupon certify the Clerk to 
several amounts thereof to the sheriff, who shall pay over to the cer y ' 
respective parlies the several sums so certified, and endorse such 
payments on their respective executions. 

Sec 25. On proof being made before any judge or justice of Attachment 
the peace, or clerk of the circuit court within this state, that a ™ue\ and 
debtor is actually absconding, or concealed, or stands in defiance served on 
of an officer duly authorized to arrest him on civil process, as un ay> 
aforesaid, or has departed this state with the intention of having his 
effects and personal estate removed out of the state, or intends to 
depart with such intention, it shall be lawful for the clerk to issue, 
and sheriff or other officer to serve an attachment against such 
debtor on a Sunday as on any other day, as is directed in this act. 

Sec 26. The plaintiff or defendant in any attachment, the Writs of 
garnishee and the sheriff, or either of them, who may feel ag- error <f nd 
grieved by the judgment of the court, may prosecute w T rits of 
error, and take appeals as by law is provided in other cases in the 
circuit courts, and be entitled to recover their costs as in other 
cases. 

Sec 27. This act shall be construed in all courts of justice in Act to be 
the most liberal manner for the detection of fraud. KberaMy, 

Sec 28. No writ of attachment hereafter to be issued shall Attachment 
be quashed, nor the property taken thereon restored, nor any guash^dfor 
garnishee discharged, nor any bond by him given cancelled, nor insujtcien- 
any rule entered against the sheriff discharged on account of JjJlS^J? 
any insufficiency of the original affidavit, writ of attachment, or affidavit, 
attachment bond, if the plaintiff, or some credible person for him, ^ c ' 
shall cause a legal and sufficient affidavit or attachment bond to be 
filed, or the writ to be amended in such time and manner as the 
courts or justices shall respectively in their discretion direct ; and 
in that event the cause shall proceed as if such proceedings had piea in 
originally been sufficient : Provided, That in case any plea in abatement. 



72 



ATTACHMENTS. 



Defendant 
may plead 
without 
giving bail 
or entering 
into bond; 
but cannot 
replevy 
without 
bond. 



Recogni- 
zance. 



Plffs. in 
actions of 
debt, tf«c. 
may sue out 
attach^ 
ments. 



Title of 
suit. 



When at- 
tachment 
has issued 
from the 
circuit court 
of any co. 
attachment 
may be is- 
sued to any 
other coun- 

ty. 

Acts repeal- 
ed. 



abatement traversing the fatts in the affidavit shall be tiled, and 
a trial shall be thereon had, if the issue shall be found for the de- 
fendant, the attachment shall be quashed. 

Sec; 29. Any defendant in an attachment may appear and 
plead without giving bail, or entering into any bond. But in case 
any defendant shall desire to replevy an attachment, he shall exe- 
cute to the sheriff a bond, with security to be approved of by the 
sheriff, in double the amount of the value of the property and 
credits attached, conditioned that such property and credits at- 
tached shall be produced and delivered, subject to the judgment 
of the court, when and where the court shall direct ; or, at his 
option, shall give like bond and security, in a sum sufficient to 
cover the debt and damages sworn to in behalf of the plaintiff, 
with all interest, damages and costs of suit, conditioned that the 
defendant will pay the plaintiff the amount of the judgment and 
costs which may be rendered against him, in that suit^ on a final 
trial, within ninety days after such judgment shall be rendered ; in 
term time, a recognizance, in substance as aforesaid, may be taken 
in open court, and entered of record, in which case the court shall 
approve of the security and the recognizance made to the plaintiff. 
Then in every such case the attachment shall be dissolved, and 
the property taken restored, and all previous proceedings either 
against the sheriff or against the garnishees, set aside, and the 
cause shall proceed as if the defendant had been seasonably served 
with a writ of summons. 

Sec. 30. Plaintiffs in any action of debt, covenantor trespass, 
or on the case upon promises, having commenced their action or 
actions, by summons, may, at any term pending such suit, and 
before judgment therein, on filing, in the office of the clerk where 
such action is pending, a sufficient affidavit and bond, sue out an 
attachment against the lands and tenements, goods and chattels, 
right, credits, moneys and effects of the defendant, which attach- 
ment shall be entitled in the suit pending and be in aid thereof, 
and such proceedings shall be thereupon had, as are required or 
permitted in original attachments, in all things as near as may be. 
The thirtieth section of this act shall apply to attachments issued 
by justices of the peace as well as to those issued by the circuit 
court. 

Sec 32. Where any attachment has issued out of the circuit 
court in any county, it shall be lawful for the plaintiff, at any time 
before judgment, to cause an attachment to be issued to any other 
county of this state, where the defendant may have lands, goods, 
chattels, rights, credits, or effects, which writ of attachment, the 
sheriff to whom it shall be directed shall levy on the lands, goods, 
chattels, rights, credits and effects, of the defendant in such coun- 
ty, and make return thereof as in other cases. 

Sec 33. All acts and parts of acts heretofore passed on the 
subject of attachments are hereby repealed. But proceedings com- 
menced under the said acts before this act takes effect, shall be in 
no wise affected. This act to be in force from and after the first 
of June next. 

Approved, February 1 2th, 1833, 



ATTACHMENTS. 73 

AN ACT authorizing the seizure of boats and other vessels by *pf°™ e 
Attachment in certain cases. 1833. ' 

Sec. 1. Be it enacted by the people of the state of Illinois, rep- 
resented in the General Assembly : That boats and vessels of all 
descriptions, built, repaired, or equipped, or running upon any of Boats and 
the navigable waters within the jurisdiction of this state, shall be u ao i e f or 
liable for all debts contracted by the owner or owners, masters, tke debts °f 
supercargoes, or consignees thereof, on account of all work done, 
supplies or materials furnished by mechanics, tradesmen, and others 
for, or on account of, or towards the building, repairing, fitting, 
furnishing, or equipping such boats or vessels, their engines, ma- 
chinery, sails, rigging, tackle, apparel and furniture ; and such 
debts shall have the preference of all other debts due from the Prefer- 
owners, or proprietors, except the wages of mariners, boatsmen, ence - 
and others employed in the service of such boats and vessels, which 
shall first be paid. 

Sec 2. Any person having a demand, contracted as before May be 
mentioned, against any such boat or vessel, may have an attach- le f} ed L on h V 

t ■ - 1 J c 1 • • r i attachment. 

ment to be issued out 01 any court, or by any justice 01 the peace 
having jurisdiction thereof, in any county in this state, in which 
such boat or vessel may be found, either against the owner or own- 
ers, by their proper names, or by the name and style of their co- 
partnership, if known, otherwise against such boat or vessel, by 
her name or description only, authorizing and directing the seizure 
and detention of the same, with her engine, machinery, sails, rig- 
ging, tackle, apparel and furniture, by the sheriff or constable, upon 
affidavit being made of the justice of such demand, and bond given Affidavit 
by the plaintiff, as in other cases of attachment : Provided, that in and bond * 
all cases, where such proceedings are instituted against such boat 
or vessel by her name or description only, the bond to be given by 
the plaintiff, shall be made payable to the people of the state of 
Illinois, but for the use and benefit of the owner or owners of such 
boat or vessel, who may institute a suit thereon, if damages be 
occasioned by the issuing of such attachment, and have recovery 
thereon in the same manner as if said bond had been given to such 
person or persons by their proper names, or in the name and style 
of their co-partnership. 

Sec 3. Upon the return of such attachment, the person or per- Upon re- 
sons having demands of the description aforesaid, and for whose iur n ofihe_ 

i £ 1 i • 1 1 11 /m • it- attachment 

benefit sucn attachment was issued, shall rile a written declaration the plaintiff 
or statement, against such boat or vessel, by her name or descrip- f^, 1 ^ 1 ^ 
tion, or against the owner or owners, if known as aforesaid, briefly ofhisde- 
reciting the nature of the demand, whether for work done, or m ^- mand - 
terials, firewood, or supplies of provisions furnished, and whether 
at the request of the owner, master, supercargo, or consignee of 
such boat or vessel, and that such demand remains unpaid ; annex- 
ing to such declaration or statement, a bill of the particulars con- 
stituting such demand in separate and distinct items ; and the like 
proceedings shall be had in all other respects, and the like judg- 
ment and execution, as in other cases of attachment. 

Sec 4, All engineers, pilots, mariners, boatsmen, and others w . 
employed in any capacity, in or about the service of any such boai pilots and * 
10 



74 



ATTACHMENTS. 



others, enti- 
tled to the 
benefit of 
this act. 



If owner 
shall give 
bond with 
security be- 
fore final 
judgment, 
the proper- 
ty attached 
shall be re- 
leased, 



Bat shall be 
liable to sat- 
isfy judg- 
inenf,. 



or vessel, who may be entitled to arrearages of wages, in conse- 
quence of such service, may proceed to collect such w T ages under 
the provisions of this act, and shall be entitled to all the benefits 
thereof. 

Sec. 5. If the owner or owners, master, supercargo, or con- 
signee of any such boat or vessel, seized by attachment as afore- 
said, shall, at any time before final judgment, give bond to the 
plaintiff, with security to be approved by the clerk of the circuit 
court, or by the judge in term-time, (or justice of the peace as the 
case may be,) in double the amount of the demand sued for, and a 
sufficiency to discharge all costs which may accrue thereon, con- 
ditioned to pay and satisfy such judgment as the court (or justice 
of the peace) may render against such boat or vessel or defendant 
party, together with the costs of suit, then such boat or vessel shall 
be forthwith discharged from such attachment, seizure, and deten- 
tion ; but shall, nevertheless, be liable to be taken and sold on any 
execution to be issued on such judgment, or upon the judgment 
which may be rendered at any time on the bond required to be 
given by the defendant party as aforesaid. This act to take effect 
and be in force from and after the first day of June next. 

Approved, February 13th, 1833. 



In force 
May 1st, 
1837. 



Creditor 
makes com- 
plaint. 



Justice to 
grant at- 
tachments. 



Proviso. 



Bond. 



Constable to 
levy attach- 
ments. 



Duty. 



AJY ACT to regulate proceedings by attachment before Justices of 

the Peace. 

Sec 1. Be it enacted by the people of the State of Illinois, rep- 
resented in the General Assembly, That hereafter, when any credi- 
tor, his agent or attorney shall make oath before any justice of the 
peace in this state, that any person is indebted to such creditor in 
a sum not exceeding fifty dollars, and such person so absconds or 
conceals himself, or stands in defiance of a peace officer, author- 
ized to arrest him on civil process, so that such process cannot be 
served, it shall be lawful for the justice to grant an attachment 
against the personal estate of such person, directed to any consta- 
ble of the county, returnable before himself, within thirty days from 
the date thereof, Provided, That upon issuing any attachment as 
aforesaid, the justice shall take from the creditor, his agent or at- 
torney, a bond payable to the defendant with good security, in a 
penalty of double the amount for which the attachment is prayed to 
be issued ; conditioned, that such creditor will pay the defendant 
all damages which he may sustain by reason of the wrongful sueing 
out the attachment. 

Sec 2. The constable to whom any attachment may be deliv- 
ered, shall without delay execute the same, by levying on the per- 
sonal property of the defendant, of value sufficient to satisfy the 
debt, or damages claimed to be due and all costs attending the col- 
lection of the same ; he shall also read the same to the defendant, 
if the defendant can be found in the county, and make return there- 
of stating how he has executed the same. 



ATTACHMENTS. 75 

To prevent errors in issuing attachments, and taking bonds, the 
attachment and condition of the bond shall be in the following 
form, viz : - 

State of Illinois* ) Set. Form of 

County J The people of the state of Till— attachment. 

nois, to any constable of said county, Greeting, whereas A. B. (or 
agent or attorney of A. B. as the case may be) hath complained on 
oath (or affirmation) before C. D. a justice of the peace in and 
for said county, that E. F. is justly indebted to the said A. B. in 
the amount of dollars, and oath (or affirmation) having been 

also made [that] the said E. F. so absconds or conceals himself, or 
stands in defiance of a peace officer, authorized to arrest him or 
her, with civil process, so that the ordinary process of law cannot 
be served on him (or her as the case may be) and the said A. B> 
having given bond and security according to the directions of the 
act in such cases made and provided ; We therefore command you 
that you attach so much of the personal estate of the said E. F. to 
be found in your county as shall be of value sufficient to satisfy the 
said debt and costs, according to the complaint, and such personal 
estate so attached, in your hands to secure, or so to provide that 
the same may be liable to further proceedings thereon, according to 
law, before the undersigned, justice of the peace. And in case Person* to 
personal property of value sufficient cannot be found, that vou sum- besun }- 

1 n \ i i • ' m i • i ii v " moned as 

mon all persons whom the plaintiff or his agent shall direct, to ap*- garnishees* 
pear before said justice, on the day of next, 

then and there to answer what may be objected against him or them, 
when and where you shall make known how you have executed 
this writ ; and have you then and there this writ. Given under my 
hand and seal, the day of 183" . 

C. D. Justice of the peace. Seal. 

The condition of the above obligation is such that, whereas the Form of 
above bounden hath on the day of the date hereof, prayed condition of 

an attachment at the suit of against the personal estate of the 

above named for the sum of and the same 

being about to be sued out, returnable on the day of 

before (said justice.) Now if the said shall prosecute 

his suit with effect, or in case of failure therein, shall well and truly 
pay and satisfy the said all such costs in such suit, and 

such damages as the said may sustain, by reason of 

wrongfully sueing out the said attachment, then the above obliga- 
tion to be void, else to remain in full force and virtue, 

Witness our hands and seals this day of 

183 . 

Seal. 
Seal. 

No attachment shall be abated or dismissed for want of form, if Attachment 
the essential matters expressed in the foregoing precedents be sub- abated for 
stantially set forth ; and justices of the peace shall allow any want of 
amendment to be made, of any affidavit, writ, return or bond^ 0?m ' 
which may be necessary to obviate objections to the same ; and in 
cases of appeals to the circuit courts, the courts shall allow amend- 
ments as aforesaid. 



76 



ATTACHMENTS. 



If defend- 
ant appear, 
justice to 
proceed. 



Justice to 
continue 
muse ten 
days and 
notice to be 
posted up. 



Return. 



Justice to 
proceed to 
hear and 
determine 
the case. 



Constable 
failing; 

notices to be 
posted up. 



Constable 
to notify 
persons in- 
debted to, or 
having- pro- 
perty of 
defendant. 



Persons 
summoned 
considered 
garnishees. 



Justice to 
enter on 
record and 
proceed 
with cause. 



Sec. 3. Upon the return of any attachment issued by a justice 
of the peace, if it shall appear that the defendant has been personally 
served with the same ; or if such defendant shall appear without 
such service, the justice shall proceed to hear and determine the 
cause, as in cases of proceeding by summons. But if it does not 
appear that the defendant has been served, and no appearance be 
entered by the defendant as aforesaid, the justice shall continue 
the case ten days, and shall immediately prepare a notice to be 
posted up at three public places in the neighborhood of the justice, 
directed to the defendant, and stating the fact, that an attachment 
had been issued, and at whose instance, the amount claimed to 
be due, and the time and place of trial ; and also stating, that unless 
the said defendant shall appear at the time and place fixed for trial, 
that judgment will be entered by default, and the property attached, 
ordered to be sold to satisfy the same ; which notice shall be de- 
livered to the constable, who shall post three copies of the same, 
at three public places in the neighborhood of the justice, at least 
eight days before the day set for trial ; and on or before that day 
he shall return the notice delivered to him by the justice, w T ith an 
endorsement thereon, stating the time when and the place where 
he posted copies, as herein required. 

Sec 4. When notices shall be given of any proceedings by 
attachment, as required by the third section of this act, the justice 
shall, on the day set for trial of the cause, proceed to hear and 
determine the same, as though process had been personally served 
upon the defendant ; and if judgment be given against the defend- 
ant, shall order a sale of the property attached, or so much thereof 
as will satisfy the judgment, and all costs of suit. But if the 
constable shall have failed to post the notices as herein required, 
the justice shall again continue the cause, and require notices to 
be posted as aforesaid previous to any trial of the cause. 

Sec 5. When any constable shall be unable to find personal 
property of any defendant, sufficient to satisfy any attachments 
issued under the provisions of this act, he is hereby required to 
notify any and all persons within his county, whom the creditor 
shall designate, as having any property, effects, or choses in action, 
in his possession or power belonging to the defendant, or who are 
in any wise indebted to such defendant, to appear before such 
justice on the return day of the attachment, then and there to an- 
swer upon oath, what amount he or she is indebted to the defend- 
ant in the attachment, or what property, effects or choses in action 
he or she had in his or her possession or power, at the time of 
serving the attachment. The person or persons so summoned, 
shall be considered as garnishees, and the constable shall state in 
his return, the names of all persons so summoned, and the date of 
service on each. 

Sec 6. When an attachment shall be returned executed upon 
any person as garnishee, the justice shall make an entry upon the 
record of his proceedings in the cause, stating the name of each 
person summoned, and continue the case as to such garnishee, and 
shall proceed with the cause as against the defendant in the attach- 
ment as though the attachment had been levied on personal 
property. 






ees 
on 
e 



ATTACHMENTS. 77 

Sec. 7. When judgment is entered by a justice of the peace 
against a defendant in attachment, and any person or persons have 
been summoned as garnishee in the case, it shall be the duty of 
the justice to issue a summons against each person so summoned, j usticeto 
requiring him or her to appear before the justice at a time and i?suesum- 
place to be fixed in the summons, not less than five nor more than ZV.ll'lt ™ 
fifteen days from the date thereof, and show cause, if any he or 
she has, why a judgment shall not be entered against him or her 
for the amount of the judgment and costs against the defendant in 
attachment, which summons shall be served and returned by some 
constable of the county, and on the return day thereof, if any per- 
son so summoned shall fail to appear, the justice shall enter judg- Justice(0 
ment against the person so failing to appear, for the amount of the enter judg- 
judgment obtained against the defendant in attachment, and execu- menL 
tion shall be issued thereon, as in other cases. 

Sec 8. If any garnishee shall appear at the time and place 
required by the constable as aforesaid, and shall upon oath deny 
all indebtedness to the defendant in the attachment, and deny Garnish 
having any property or effects or choses in action in his possession denying 
or power belonging to such defendant, the justice shall forthwith discharged 
discharge him, unless the plaintiff in the attachment shall satisfy unl ^ ss 
the justice by other testimony that the garnishee was indebted to v P roves\c. 
the defendant in the attachment, or had property, effects, or 
choses in action in his possession or power, at the time he w T as 
garnisheed ; in which case the justice shall give judgment in the 
premises according to the right and justice of the cause, and issue 
execution as in other cases. 

Sec 9. Judgments obtained under the provisions of this act, 
where the defendant has been personally served with process, or 
shall have appeared to the action, shall have the same force and judgment 
effect as judgments obtained upon a summons ; but the property obtained to 
attached shall be sold before any execution is issued upon such f orce q. Cl 
judgment, and if such property shall not sell for a sum sufficient to 
pay the judgment and costs, execution may be issued to collect 
the balance. 

Sec 10. Judgments obtained under the provisions of this act, 
when the defendant has not been personally served with process, 
and no appearance being entered, shall only authorize a sale of the 
property levied upon, and proceedings against the garnishees to 
collect the amount thereof. Defendants in attachments issued 
under the provisions of this act, where property may be levied D e f endants 
upon, or the person in whose possession the property may he may retain 
found, may retain possession of such property, upon executing ^ vro?erty 
bond to the plaintiff in the attachment with good security, in a ecuting 
penalty of double the amount claimed by the attachment, con- ho ^tiff. 
ditioned that the property shall be delivered to any constable of c™ d ' ition 
the county whenever demanded, to be sold in satisfaction of any of bond, 
judgment which may be obtained in the attachment suit, or in case 
the property is not delivered, that the obligors will pay and satisfy 
the said judgment and costs, and when a bond shall be executed, 
the constable shall return the same with the attachment, and upon 
a breach of any condition thereof, the plaintiff shall have a right to R emea > y , 
prosecute suit thereon, and to recover the amount due upon his 
judgment and costs. 



78 ATTACHMENTS. 

Sec 11. In all cases arising under this act, when two or more 
attachments shall be levied on the same property, or be proved on 
the same garnishee, and judgment shall be entered on the same 
Money tobe ^ a ^' tne P roceea,s °f tne property attached, or the money obtained 
divided .from garnishees, shall be divided among the several plaintiffs in 
b faintifrs attachments, according to the amount of their judgments respect- 
ively. 
Garnishees Sec. 12. Persons who are summoned as garnishees under the 
sets-of^or provisions of this act, may avail themselves in their defence of any 
claims. sets-off or claim against the defendants in attachment, whether the 
. same be due or not, Provided, the same would be allowed, if due, 
in a suit prosecuted by such defendant. 
Persons Sec. 13. Any person claiming the right of any property, levied 

rThto? on ^ an > r attachment issued by a justice of the peace, may have 
property to a trial of the right of property, in the same manner as if such pro- 
oTrivhtlf P ert y nac * ^ )een ' ev * eQl on D y virtue of an execution, issued by a 
property.' justice of the peace, Provided, always, appeals from the judgment 
of justice of the peace, under the provisions of this act, may be 
• allowed, taken and perfected, as in other cases of appeals from the 

Proviso. . j ' r • • . l r A ' tk ^ 

judgments ol justices ol the peace. 

Sec. 14. Sections five and thirty-one of the act, entitled "An 
Part of an ^ ct concerning attachments, approved 12th February 1833," are 
act repeal- hereby repealed ; but all rights acquired, and proceedings com- 
menced, under the provisions of those sections, before this act 
takes effect, shall be and remain as though this act had not passed. 
This act shall take effect on the first day of May next. 

Approved 27th February, 1837. 



cd. 



ATTORNEY GENERAL AND STATE'S ATTORNEYS. 

In force AN ACT relating to the Attorney General and State's Attorneys. 

19 th Feb. 

1827 '• Sec. 1. Be it enacted by the people of the state of Illinois, re- 

presented in the General Assembly, That the attorney general shall 
n continue to reside in, and perform the duties of said office, for the 

attorney first judicial circuit of this state. It shall be his duty to attend at 
general. eac }j C] * rcL1 it court to be held in each of the counties belonging to 
See ad of sa '^ j ucnc> ial circuit, and to commence and prosecute all actions, 
2nd March, suits, process, indictments, and prosecutions, civil and criminal, in 
1833, in re- w hich the people of this state,* the president and directors of the 

latwn to i I . r . . . ,....,,.. 

auditor, State Bank ol Illinois, or any county within such judicial district 
treasurer, ma y \^ Q concerned ; to defend all actions brought within said 
judicial district, against the auditor of public accounts, state bank, 
or any o'f the counties aforesaid, to prosecute all forfeited re- 
cognizances, and all suits and actions for the recovery of debts, 
revenues, moneys, fines, penalties, and forfeitures, accruing to the 
people of this state, or any county within the judicial district afore* 

* The old State Bank. 



ATTORNEY GENERAL AND STATE'S ATTORNEYS. 79 

said. He shall give his opinion without fee or reward, to any 
county commissioners' court, and to any justice of the peace with- 
in his circuit, when required so to do, upon any question of law 
relating to any criminal or other matter in which the people, or 
any county is concerned ; and he shall perform such other and 
further duties, as may be enjoined on him by law. 

Sec. 2. It shall be the duty of the attorney general to attend To att . 
each of the terms of the supreme court, and there commence, supreme 
prosecute, or defend every cause the people of this state, the courL 
auditor of public accounts, the state bank, or any county of this 
state shall in any wise be a party to, or interested in the result. 
It shall be his further duty to prosecute all impeachments which 
may be tried before the supreme court or the senate of this state. 
He shall also, when required, give his opinion and advice in Pr 
writing, without fee or reward, to the general assembly, or either impeach- 
branch thereof, upon any question of law ; and to the governor, or mer? / s ar } d 
the person exercising the office of governor, the secretary of stat^, officers of 
auditor of public accounts, and state treasurer, upon any question govem- 
of law relating to the duties of their respective offices, which may 
be submitted to him by them or either of them. 

Sec 3. There shall be appointed by the governor, at the pre- state's at- 
sent session of the general assembly, by and with the advice and f f rne y 9t p 
consent ot the senate, one state s attorney tor each judicial circuit erf. 
in this state, except the circuit in which the attorney general re- 
sides ; and the person so appointed shall be- commissioned by ^seTac^ff 
governor, to continue in office for four years from and after his ap- Feb. i, 
pointment ; and when any additional judicial circuit shall hereafter 1835 ' 
be created, it shall be filled, and the person commissioned in like 
manner, to continue in office as aforesaid : Each state's attorney Their 
shall reside within the circuit for which he is appointed, and shall duties, 
do and perform all the duties, within the judicial circuit in which 
he shall reside, which are, by the first section of this act, required 
of the attorney general, in the circuit in which the said attorney 
general shall reside : and each of said state's attorneys shall per- 
form such other duties as may be enjoined on them by law. 

Sec. 4. It shall be the duty of the attorney general and state's To attend 
attorneys to attend, if in their power, the examination of all persons examina- 
brought on habeas corpus before a judge of the supreme or circuit writs of 
court, within their circuits respectively ; and, if convenient, shall habeas 
attend the examination, within their respective circuits, of persons corpus 
accused of felonious crimes, on being notified of the same. 

Sec 5. When the attorney general, or any state's attorney, courtmay 
shall be interested in any cause or proceeding, civil or criminal, appoint 
which it is, or shall be made his duty to prosecute or defend, the p^f^ta 
court in which such cause is pending, or to be brought, may ap- prosecute in 
point some competent person to prosecute or defend such cause, c ££™ n 
and in all cases where the attorney general or state's attorney shall 
be absent or sick, and unable to attend to the discharge of his 
duties, the court in which any of his duties are required to be per- 
formed, may appoint some competent person to discharge such 
duties, until the attorney general or state's attorney appear and re- 
sume the discharge of his duties ; and the person so appcinfed 
shall possess the same power in relation to such causes and the 



80 ATTORNEY GENERAL AND STATE'S ATTORNEYS. 

business in such court, and shall be entitled to the same fees 
therefor, as would have been allowed to the attorney general or 
state's attorney for said services. 
Att. gen. Sec. 6. The attorney general shall have a right to call upon 
may call on an y () f the state's attorneys to assist him in the prosecution, or in 
torneysto the defence of any suit in the supreme court, or the trial of any 
assist. impeachment which it shall be the duty of the attorney general to 
attend to ; and any state's attorney being so required shall give his 
assistance accordingly. 
Laws re- Sec 7. The act entitled "An act for the appointment of cir- 
peaied. cuit attorneys, and defining their duties and the duties of the attor- 
ney general," approved March 23, 1819, and the act entitled "An 
act supplemental to an act entitled ' An act for the appointment of 
circuit attorneys and defining their duties, and the duties of the 
attorney general,' approved March 23, 1819," approved Jan. IS, 
1825, be, and the same are hereby repealed. 

This act to take effect from and after its passage. 

Approved, Feb. 17, 1827. 



J j^{ orc f e k AN ACT to amend an act relative to the duties of the office of 
1833. ' Attorney General of this state. 

Be it enacted by the people of the state of Illinois, represented in 
Attorney the General Assembly : That hereafter the attorney general of this 
gen shall s t a t e shall reside at the seat of government, and shall prosecute in 
seat of go- the circuit in which the seat of government may be situate, and 
vemment. perform all other duties which are now or hereafter may be en- 
joined on him by law. 

Approved, Feb. 5th, 1833. 



ATTORNEY GENERAL AND STATE'S ATTORNEYS. 

In force AN ACT to amend an act, entitled "An act relating to the 
1835 " # ' Attorney General and State's Attorneys." 

State's at- Sec 1. Be it enacted by the people of the State of Illinois, re- 
tomeys, presented in the General Assembly, That there be elected by the 

now elected. \^ , A , , . • t * , j 

General Assembly, on joint vole, at the present session, and every 

two years thereafter, one State's Attorney for each Judicial Cir- 
cuit now or hereafter to be created in this State, except the Circuit 
in which the Seat of Government is situated ; and tbe person so 
elected, shall be commissioned by the Governor, to continue in 
office for two years from and after his election, and until his suc- 
cessor shall be qualified. 

Sec. 2. Should any vacancy occur in any of the Judicial Cir- 
Vacandes cuits in this State between the sessions of the Legislature, it shall 
how filed, be the duty of the Governor to fill the same by the appointment of 



ATTORNEYS AND COUNSELORS AT LAW. 81 

some qualified person to discharge ihe duties of said office, who, 
when so appointed, shall continue in office until his successor is 
duly elected and qualified as in this act provided, and the act to 
which this is an amendment. 

Sec. 3. So much of the third section of the act to which this is Part of act 
an amendment, approved, February 17, 1827, as comes within the re P eaLed - 
meaning and purview of this act, be, and the same is hereby 
repealed. 

This bill having been returned by the Council of Revision with 
their objections to the same becoming a law, and the same having 
been reconsidered, and again passed both Houses by a majority of 
the whole number of members elected, the objections of the Coun- 
cil of Revision notwithstanding, the same has become a law of this 
state, Feb. 7, 1835. 



ATTORNEYS AND COUNSELORS AT LAW. 

AN ACT concerning Attorneys and Counselors at law. 



In force 
March 1st, 
1833. 



Sec. I. Be it enacted by the people of the state of Illinois, re- 
presented in the General Assembly, That no person shall be per- No person 
mitted to practice as an attorney or counselor at law, or to to . 6e F J 

1 ■, i c i • • i • • i • i mitted to 

commence, conduct, or defend any action, suit or plaint, in which practice 
he is not a party concerned, in any court of record within this state, without 

. , , * . " ,'...•' , _ liam.no- first 

either by using or subscribing his own name, or the name ol any obtained a 
other person, without bavins: previously obtained a license for that fe/!Se /° r 

c r u • *■ r 1 1 • i that Pur- 

purpose trom some two oi the justices ol the supreme court, which pose f 
license shall constitute the person receiving the same, an attorney License. 
and counselor at law, and shall authorize him to appear in all the 
courts of record within this state, and then to practice as an attorney 
and counselor at law, according to the laws and customs thereof, for 
and during his good behaviour in said practice, and to demand and 
receive all such fees as are or hereafter may be established for any 
services which he shall or may render as an attorney and counselor 
at law in this state. 

Sec 2. No person shall be entitled to receive a license as Certificate 
aforesaid, until he shall have obtained a certificate from the court of maraUha- 
some county of his good moral character. racter. 

Sec. 3. It shall be the duty of the clerk of the supreme court Clerk of 
to make and keep a roll or record, stating at the head or com- th ^ su P rer >^ 
mencement thereof, that the persons whose names are therein writ- keep a roll 
ten, have been regularly licensed and admitted to practice as attor- °f atior - 
neys and counselors at law within this state, and that they have ney 
duly taken the oath to support the constitution of the United States 
and of this state, and also the oath of office as prescribed by law, 
which shall be certified and endorsed on the said license. 

Sec 4. And no person whose name is not subscribed \o ov No P erson 
written on the said roll, with the day and year when the same was fiS^ 
subscribed thereto, or written thereon, shall be suffered or admitted enrolled, 
11 



I 

82 ATTORNEYS AND COUNSELORS AT LAW. 

to practice- as an attorney or counselor at law within this state, un- 
der the penalty hereinafter mentioned, any thing in this act to the 
contrary notwithstanding ; and the justices of the supreme court, 
in open court, shall have power at their discretion, to strike the 
name of any attorney or counselor at law from the roll for malcon- 
Judgesof duct in his office : Provided, always, That every attorney, before 
the supreme }jj 3 name j s stricken off the roll, shall receive a written notice from 
strike attor- the clerk of the supreme court, stating distinctly the grounds of 
7/ eiJ '^u n r • com P^ a, ' nt 5 or lne charges exhibited against him, and he shall after 
misconduct, such notice be heard in his defence, and allowed reasonable time 
to collect and prepare testimony for his justification. And every 
attorney whose name shall be at any time stricken off the roll by 
order of the court, in manner aforesaid, shall be considered as 
though his name had never been written thereon until such time as 
the said justice in open court shall authorize him to sign or sub- 
scribe the same. 
Attorney Sec. 5. Every attorney and counselor at law, receiving money 

refusing- to for the use of his client, and refusing to pay the same when demand- 
money^oi- ec ^ ma y be proceeded against in a summary way on motion ; and 
lectedfor all attorneys and counselors at law, judges, clerks, and sheriffs, and 
is client. a |j ot jj er officers f tn e several courts within this state, shall be 
liable to be arrested, and held to bail, and shall be subject to the 
same legal process, and may in all respects be prosecuted and pro^ 
ceeded against in the same courts, and in the same manner as other 
persons are, any law, usage, or custom to the contrary notwith- 
Priviiegc. standing. Provided, nevertheless, said judges, counselors, or attor- 
neys, clerks, sheriffs, and other officers of said courts, shall be pri- 
vileged from arrests while attending courts, and whilst going to and 
returning from court. 
Judges not Sec. 6. No person shall be permitted to practice as an attorney 
permitted to or cour] selor at law, by instituting, conducting, or defending any 

jJiCLCllCQ CLS • B i • . C 1 * /* 1 T T * 1 

attorneys, action, suit or plaint in any court oi this state, or or the United 
States, who holds a commission as a justice of the supreme or cir- 
cuit courts ; nor shall any person who holds a commission as a 
coroner, sheriff, or county commissioner, or who acts as deputy 
sheriff, jailer, or constable within this state, be permitted to prac- 
tice as an attorney or counselor at law in the court in which he 
Officers not presides as such justice of the supreme or circuit court, or county 
^™^ e ec ^° commissioner ; nor shall such coroner, sheriff, deputy sheriff, 
law. jailer, or constable be permitted to practice as aforesaid, in the 

county in which he is commissioned or appointed, nor shall any 
clerk of the supreme court, circuit court, or court of the county, be 
permitted to practice as an attorney .or counselor at law in the court 
of which he is clerk, and no person shall be permitted or suffered 
to enter his name on the roll or record, to be kept as aforesaid, by 
the clerk of the supreme court, or do any official act appertaining 
to the office of an attorney or counselor at law, until he hath taken 
an oath to support the constitution of the United States and of this 
Oath. state, and the person administering such oath, shall certify the same 
on the license, which certificate snail be a sufficient voucher to the 
clerk of the supreme court, to enter or insert, or permit to be en- 
tered or inserted on the roll of attorneys and counselors at law, the 
name of the person of whom such certificate is made, 



ATTORNEYS AND COUNSELORS AT LAW. 8a 

Sec. 7. The following oath of office shall be administered to Oath of 
every attorney and counselor at law, before they subscribe the °^ lce - 
respective rolls, to wit : I swear, or affirm, that I will, in all things, 
faithfully execute the duties of an attorney at law, or counselor at 
law, (as the case may be,) according to the best of my understand- 
ing and abilities. 

Sec. 8. Any person producing a license or other satisfactory Persons 
voucher, proving that he hath been regularly admitted an attorney 'QaSs°pro^ 
at law, in any court of record within the United States, that he is ducing a u- 
bf good moral character, may be licensed and admitted to practice ^Lzced 
as a counselor and attorney at law, in any court in this state, with- to practice. 
out examination. 

Sec 9. If any person or persons, not licensed as aforesaid, Personsnot 
shall receive any money, or any species of property as a fee or hcen . sed re - 

r • i j . u i j l i,- living 

compensation lor services rendered, or to be rendered by mm, fees. 
as an attorney or attorneys, counselor or counselors at law 
within this state, all money so received by him shall be consi- 
dered as money received to the use of the person paying the same, 
and may be recovered back, with costs of suit, by an action or 
actions for money had and received ; and all property delivered or 
conveyed for the purpose aforesaid, or the value thereof, may be 
recovered back, with costs of suit, by the person conveying or de- 
livering the same, by action of detinue or trover and conversion, 
and the person or persons receiving such money or property shall 
forfeit threefold the amount or value thereof, to be recovered, with 
costs of suit, before any magistrate, if within a magistrate's jurisdic- 
tion ; but if not, in any court of record within the state, by action 
of debt, qui tarn, the one half to the use of the person who shall 
sue for and recover the same and the other half to the use of the 
county in which such suit shall be brought ; and if any person or 
persons shall sign or cause to be signed the name of an attorney, or Forging a 
either of the justices of the supreme court, to any certificate or Hcense - 
license provided for by this act, with an intent to deceive, such 
person shall be deemed guilty of forgery, and shall be prosecuted 
and punished accordingly. 

Sec 10. Plaintiffs shall have the liberty of prosecuting, and Pips and 
defendants shall have the privilege of defending in their proper per- de J endants 

i i-i ■ ■ • j i ii i j rr may prose- 

SOns, and nothing herein contained shall be so construed as to affect cute and de- 

any person or persons heretofore admitted to the degree of an ■ A x-f^ nd ^v ro ~ 
torney or counselor at law, by the laws of this state or of the Illi- 
nois territory, so as to subject them to further examination, or make 
it necessary for them to renew their license. 

Sec 11. Hereafter, when any counselor or attorney at law, 
residing in any of the adjacent states or territories, may desire to T fS^\n 
practice law in this state, such counselor or attorney shall be adjacent 
allowed to practice in the several courts of law in this state, upon states - 
the same terms, and in the same manner that counselors and attor- 
neys at law residing in this state now are or hereafter may be ad- 
mitted to practice law in such adjacent state or territory. The 
act of 1819, on the subject of attorneys at law, is hereby repealed. 

This act to take effect, and be in force from and after its passage. 

Approved, March 1st, 1833, 



84 



AUDITOR, TREASURER, 



AUDITOR, TREASURER AND ATTORNEY 
GENERAL. 



In force 
July 2d, 
1833, 



Auditor 
ah all be 
elected eve- 
ry two 
years. 



Shall give 
bond. 



Suit. 



Shall per- 
sonally 
sign all 
warrants, 
fyc. 

Warrants 
shall be 
counter- 
signed. 



Attorney 
general 
elected eve- 
ry two 
years. 



AN ACT to consolidate the acts relative to the Auditor and 
Treasurer and election of Attorney General. 

Sec. 1. Be it enacted by the people of the state of Illinois, rep- 
resented in the General Assembly, That the general assembly 
shall, during their session commencing on the first Monday in De- 
cember, 1834, and every two years thereafter, elect by joint vote, 
an auditor of public accounts, who shall be ccmrnissioned by the 
governor, and shall take and subscribe an oath, before some justice 
of the supreme, court, or justice of the peace, to support the con- 
stitution of the United States and of this state, and also that he 
will faithfully discharge the duties appertaining to said office of 
auditor of public accounts ; which said oath shall be endorsed 
upon his commission, and a copy of which shall be filed in the 
office (of the) secretary of state. 

Sec. 2. The auditor so elected, shall, before he enters upon 
the duties of his said office, enter into bond, payable to the peo- 
ple of the state of Illinois, with one or more good securities, in 
the sum of ten thousand dollars, to be approved by the governor, 
and which bond shall be filed in the office of secretary of state, 
conditioned for the faithful discharge of the duties of said office, 
by said auditor, according to law, and for the delivery over to bis 
successor of all books, records, vouchers, papers, presses, and 
furniture appertaining to said office, whole, safe, and undefaced : 
And should the condition of the said bond at any time be broken 
by said auditor, the governor shall cause suit to be instituted upon 
such bond, against said auditor and his securities, nor shall one re- 
covery render the same void, but the same may be prosecuted from 
time to time, until. the whole penalty shall be recovered. 

Sec. 3. The auditor of public accounts shall hereafter, in all 
cases, personally sign all warrants, for money on the treasury of 
the state, all tax receipts, and all other papers necessary and 
proper for the auditor to sign. 

Sec 4. In all cases where warrants for money are issued by 
the auditor upon the state treasurer, the said warrants, before they 
are delivered to the person or persons for whose benefit the same 
are drawn, shall be presented by the auditor to the state treasurer, 
who shall personally countersign the same, and shall also enter 
in a book, to be kept for that purpose by him, the date, amount, 
kind of money, and the name of the person or persons to whom 
the same are made payable. 

Sec 5. There shall be elected by the general assembly of the 
state of Illinois, at, and during the session thereof, commencing 
on the first Monday in December, 1S34, and every two years 
' thereafter, by joint vote of both branches of the general as embly, 
an attorney general, whose duties shall be such as are or may be 
defined by law. 

Sec 6. Whenever any person shall pay to the state treasurer 
any auditor's warrant, bank notes, or money, on account of any 
debt to the state bank, or any debt due the state, or for taxes, the 



AND ATTORNEY GENERAL. 85 

treasurer is required to give duplicate receipts for such payments, Treasurer 
one of which receipts shall describe the kind of funds in which j^*^jL|£ 
the payment shall be made, and shall be filed in the auditor's catere- 
office, and entered in a book to be kept for that purpose, and the cei P ls - 
other copy shall be countersigned by the auditor, and delivered to 
the person making payment ; and no payment shall be considered 
as having been made, until the treasurer's receipt shall be counter- 
signed by the auditor. 

Sec. 7. It shall be the duty of the auditor at all times to keep Auditor 
the accounts of the state, with any state or territory and with the ^counts 1 * 
United States, with all public officers, corporations, and individu- 
als having accounts with this state ; he shall audit all accounts of 
public officers who are to be paid out of the state treasury ; 
of the members of the legislature, and all persons authorized to 
receive money out of the treasury, by virtue of any appropria- 
tion made, or to be made by law, particularly authorizing such 
account. 

Sec 8. On ascertaining the amount due any person from the j ssue war . 
'treasury, the auditor shall grant his warrant on the treasury for the rants - 
sum due. 

Sec 9. The said auditor shall make a fair list of all accounts 
by him audited, in a book by him to be kept for that purpose, as 
also an account of all taxes or other moneys which may be due 
by any person to this state, or which may be paid into the treasu- 
ry ; he shall make out and present to each regular session of the Shaiireport 
general sssembly, by the tenth day of the session, a report, shew- J^^S^ 
ing the amount of warrants by him drawn on the treasury, slating amount of 
particularly on what account said warrants were drawn, and tfJjJJJJJjJ^ 
drawn on the contingent fund, to whom, and for what they were 
issued. He shall also report the amount of money received into 
the treasury, stating particularly the source of revenue from which 
the same may be derived. 

Sec 10. The said auditor shall keep a fair record of all war- Shall keep 
rants by him drawn, numbering the same in a book to be kept for aiVwar- 

that purpose. rants. 

Sec II. When the auditor shall have made out abstracts of Abstract of 
all sums due in the respective counties, and sent them to the dif- i n different 
ferent collectors, he shall make out in a book to be kept for that coun ^ s - 
purpose, a fair account against each collector, a certified copy of 
which, with the seal of his office thereto attached, shall be suffi- 
cient for the attorney general or state's attorneys, to proceed by 
motion or action against such delinquent collectors and their se- 
curities, before the supreme or circuit court. 

All quietuses necessary to be granted shall be issued by the audi- Quietuses. 
tor, under his hand and seal of office. 

Sec 12. The state treasurer, when elected, shall be com- State treas- 
missioned by the governor, and shall, prior to entering upon the urer 
duties of his office, execute bond, with sufficient security, to he shall give 
approved of by a majority of the council of revision, in the sum bond - 
of fifty thousand dollars, conditioned faithfully to perform all the 
duties of his office ; the said bond shall be executed to the gov- 
ernor, payable to him or his successors in office, for the use of the 
state, and one recovery thereon shall not bar any other suit until 



86 



AUDITOR, TREASURER, 



Bond 
where in- 
sufficient. 



Treasurer 
dying or 
resigning . 



Puties of 
Treasurer. 



Abstract. 



Shall re- 
port to the 
auditor 
monthly. 



Suits. 
Offices to be 
kept at scat 
q/ govern- 
ment. 



Warrants 
when lost or 
mislaid. 



the whole penalty shall be recovered ; the securities shall stand 
bound for the faithful performance on the part of the treasurer, 
of all duties which may be required by law, at the time of exe- 
cuting the bond, and also all duties which may be imposed upon 
the treasurer by any subsequent law. 

Sec. 13. The governor, whenever he shall suspect the obligors 
in such bond to be insufficient, shall require the state treasurer to 
give an additional bond, with security to be approved of by him- 
self, in any amount not exceeding fifty thousand dollars, both of 
which bonds shall be filed in the office of secretary of state ; and 
whenever the condition of either of the said bonds shall be 
broken in any wise, the governor shall order the same to be 
prosecuted. 

Sec 14. If said treasurer die, resign, or be displaced, or 
otherwise cease to hold his office, then such treasurer, his heirs, 
executors, or administrators, shall regularly state the amount, and 
deliver the moneys, warrants, together with all books, records, 
memorandums, papers, and instruments of writing of the state, 
in his, or their possession, or which such treasurer shall have re-» 
ceived and not paid out according to law, to the succeeding treas- 
urer, who shall make report thereon to the general assembly, and 
the said report, if confirmed by the legislature, shall be a discharge 
of the bonds, in which case they shall be given up to the said 
treasurer, his heirs, executors, or administrators. 

Sec 15. It shall be the duty of the state treasurer, to receive 
the proceeds of all taxes, and other public moneys of this state, 
and safely keep the same. He shall not pay out of the treasury 
any money, but on a warrant of the auditor, except the auditor's 
salary. He shall keep a regular and fair account of all moneys 
and revenues he receives and pays out, agreeably to law, stating 
therein particularly on what account each particular sum was paid 
out, or received, and the time when, and lay a copy thereof before 
the general assembly, by the tenth day of the session. An ab- 
stract of said reports of the auditor and treasurer, shall be pre- 
pared by the general assembly, and published with the laws of 
each session. 

Sec. 16. It shall be the duty of the treasurer to report month-, 
ly to the auditor, the amount of money which he may have re- 
ceived, stating on what account the same was paid into the treas- 
ury. He shall also report monthly an account of payments out of 
the treasury, and deposit with the auditor all warrants which he 
may have paid or received, and take the auditor's receipt for the 
same ; and it shall be the duty of the auditor to make entries of 
said reports, in books to be kept by him for that purpose. 

Sec 17. It shall be the duty of the auditor to. institute all suits 
and motions in favor of the state. 

Sec 18. The auditor and treasurer shall keep their offices at 
the seat of government, and for the present shall occupy rooms in 
the banking house. 

Sec 19. If any auditor's warrant shall be lost, mislaid, or de- 
stroyed, so that the same cannot be presented for payment, by the 
person entitled thereto, it shall be lawful for the auditor, at any 
time before such warrant shall be paid at the treasury, to issue a 



AND ATTORNEY GENERAL. 87 

duplicate warrant to the person or persons having so lost any war- 
rant as aforesaid, on such person filing with the auditor, an affi- 
davit in writing, sworn before some justice of the peace, or judge, 
stating the loss or destruction of any such warrant, and the auditor 
shall immediately certify the same to the treasurer, who shall 
thereby be authorized to pay any such duplicate warrant. 

Sec. 21. The act entitled " An act defining the duties of the Ads rc _ 
auditor and treasurer," approved March 24, 1819, the act to pro- pealed* 
vide for the election of auditor of public accounts, and further de- 
fining his duties, approved, February 14, 1831, and the act further 
to define the duties of the auditor of public accounts, approved, 
February 16, 1831, be and the same are hereby repealed. But 
no rights, duties, or obligations accrued, or to accrue, under any 
of the said acts, shall be in any wise affected or impaired, by the 
repeal thereof. This act to take effect and be in force from and 
after the first dav of July next. 

Approved, March 2d, 1833, 



\ 
AN ACT in relation to Bank Collectors. %/° rce 

Feb 7, 
1835. 

Section 1. Be it enacted by the people of the stale of Illinois, Auditor 
represented in the General Assembly, That the Auditor of public ""g r ^ ms 
accounts and Treasurer, be, and they are hereby authorized and thorized to 
required to settle the accounts of the several attorneys, justices ofJ^S/e^ 
the peace, and other collectors of money due to the President tors. 
and Directors of the State* Bank of Illinois, and to allow such 
reasonable charges for contingent expenses as may appear to them 
proper, and if any balance shall be found due to any such attorney, 
justice of the peace, or other collector, said Auditor and Treasur- 
er shall give a certificate of the same, and upon filing such certifi- 
cate in the Auditor's office^ the Auditor shall draw his warrant on 
the Treasurer, in favor of such attorney, justice of the peace, or 
other collector, for the amount contained in said certificate. If 
any sum shall appear to be due from any of said attorneys, justices 
of the peace, or other collectors, and they shall fail to appear and Collectors 
settle their accounts on or before the first day of April next, and£™ Zl ^ r to 
pay over such amount as shall be found due from them, then h money, to 
shall be the duty of said Treasurer to direct the Attorney General, be sued ' 
or proper State's Attorney, to commence suit against all such de- 
linquents without delay : Provided, That no money shall be paid Proviso. 
out of the State Treasury, under the provisions of this act, until an 
appropriation shall be made by law. 

This act to be in force from and after its passage. 

Approved, Feb, 7, 1835. 

* The Old Stale Bank. 



avit. 



88 BAIL. 



BAIL, 

In force AN ACT concerning Special Bail.* 

Junel, ° L 

Sec. 1. Be it enacted by the people of the state of Illinois, ftp* 
resented in the General Assembly, That in all actions to be com- 
When bail menced in any court of record in this state, and founded upon any 
paired. **" speciality, bill or note in writing, or on the judgment of any court, 
foreign or domestic, and in all actions of covenant and account, 
and actions on verbal contracts or assumpsits in law, in which the 
plaintiff or other credible person can ascertain the sum due, or 
damages sustained, and that the same will be in danger of being 
lost, or that the benefit of whatever judgment may be obtained will be 
in danger, unless the defendant or defendants be held to bail, and 
shall make affidavit thereof before the clerk of the court from which 
process issues, or a justice of the peace of this state ; or if the 
plaintiff reside out of this state, before any judge of a court of 
record, or notary public or officer of the state or kingdom in which 
he resides, or may be duly authorized to administer an oath ; and 
such affidavit shall be delivered to such clerk — he shall issue a ca- 
pias and endorse thereon an order or direction to the sheriff or 
derk and °^ cer t0 w ' lora suc h process shall be directed, to hold the defend- 
sheriff. ant or defendants to bail, in the sum so specified in such affidavit ; 
and it shall be the duty of the sheriff or officer serving such pro- 
cess to take bail accordingly. In actions sounding merely in dam- 
ages, where the same cannot be ascertained as aforesaid, the affi- 
davit shall also set forth the nature and cause of the action, with 
the substantial or chief facts in relation thereto ; if upon examina- 
tion thereof, the clerk shall be satisfied that sufficient cause is shewn 
the affidavit j require bail, he shall issue a capias in like manner and make an 
forth. order thereon, specifying in what amount the defendant or defend- 
ants shall be required to give bail ; the officer serving the process 
shall, in like manner, take bail. The bail taken as herein directed 
may be discharged, or the amount thereof reduced by the court to 
which the writ is returned, on application during the term to which 
it is returned, upon satisfactory proof. 
Sheriffs Sec. 2. Where any writ shall have been issued from any court 

dutywhe-i of record in this state, whereon bail is required, the sheriff or other 
quired™' °ffi cer to whom the same may be directed, shall lake a bail bond 
to himself, with sufficient security in a penalty of double the sum 
for which bail is required. And for the purpose of avoiding errors 
Bonds to be in the taking thereof, the condition shall be substantially in the fol- 

taken, ** ^fog ^ . 

" The condition of this obligation is such, that whereas A B has 

lately sued out of the circuit court of the county of a certain 

writ of capias ad respondendum, in certain plea of against C 

D, returnable to the next term of the said court to be holden at 
— on the ■ day of next : Now if the said C D shall be 



When the 
action 
sounds in 
damages 
only what 



and appear at the said court, to be holden at on the said 

day of next ; and in case the said E F shall not be received 

* See "Attorneys," <f«c, Sec. 5. 



BAIL. 89 

as bail in the said action, shall put in good and sufficient bail, which 
shall be received by the plaintiff, or shall be adjudged sufficient by 
the court, or the said E F being accepted as bail, shall pay and 
satisfy the costs and condemnation money, which may be rendered 
against the said C D in the plea aforesaid, or surrender the body 
of the said C D in execution, in case the said C D shall not pay 
and satisfy the said costs and condemnation money, or surrender 
himself in execution, when by law such surrender is required, then 
this obligation to be void, otherwise to remain in full force and 
effect :" which bond so taken, shall be returned with the writ, on When to be 
or before the first day of the term of the court to which the writ is returned - 
returnable. In case the sheriffor other officer executing such pro- 
cess, and to whom it shall be directed, shall neglect to take such 
bond, or the bail be held insufficient, on exception taken and en- 
tered of record during the term to which such writ shall be made 
returnable, the sheriff or other officer having reasonable notice of Liability of 

taking such exception shall, in either case, be deemed and stand as s ItTP^ n - 

• i i •■ • i • l i i ■ •/*• i -i casc °f in - 

special bail in the action ; and the plaintiff may proceed to judg- sufficient 

ment against such sheriffor othej officer, as in other cases against baiL 

special bail. 

Sec. 3. All bail taken according to the directions of this act, H °wbaii 
shall be deemed and taken as special bail, and may be proceeded Teeded Pr °' 
against by an action of debt, in the name of the plaintiff in the against. 
original action, as in the case of a recognizance of bail, except 
where the bail shall be adjudged insufficient by the court ; then the 
bond shall in that case stand as a security to the sheriff, who may, Exception 
upon a forfeiture of the condition to appear and perfect bail, pro- in favor of 
ceed thereon in an action of debtor covenant, to recover the amount s er '^' 
of whatever damages he may have sustained by reason of the non- 
performance of such condition ; and shall also have the same right 
to arrest and detain the principal in custody, in case the bail shall 
be adjudged insufficient by the court, and the principal shall not 
perfect bail within the time required by law, as the bail might have 
had ; if he shall elect to arrest and commit the principal to prison, Exceptions 
then his remedy on the bond shall cease, and the bond be void. t p h ^ ilwh ^ 
The sufficiency of the bail shall be excepted to, during the term to 
which the writ is returnable, otherwise the same shall be considered 
as accepted by the plaintiff. Objections to the sufficiency of bail 
shall be decided by the court in which the exception is taken with- « 
out delay, on such evidence as may be produced, and as it may whom the 
deem satisfactory ; the burthen of proof shall lie on the party af- : }y ^ rth 9 n °f 
fatting the sufficiency, allowing the bail to be examined on oath or 
affirmation, touching his sufficiency. 

Sec 4. It shall be lawful for the defendant in any action in any Defendant 
court of record when bail shall have been given as aforesaid, to ^nd&T' 
surrender himself, or for his bail to surrender him at any time be- himself or 
fore the return day of the process, which may have been sued out^enJS^ 
against him as bail, to the court in which the suit may be pending, hiw ; > n va - 
during the sitting thereof, or in vacation, to the sheriff o( the county cahon - 
in which process was served. In case the surrender shall be made Whatpro- 
during the sitting of the court, an entry shall be made on the records fft^L '° 
of the court, stating the surrender and commitment of the defend- such cases. 
ant to the custody of the sheriff: if the surrender be made in vaca- 
12 



90 BAIL. 

tion, the bail or principal shall obtain a certified copy of the bail 
bond from the sheriff or clerk of the court, in whosoever posses- 
sion the same may be, and shall deliver himself, or be delivered by 
his bail to such sheriff, who shall thereupon endorse on such copy 
of the bail bond, an acknowledgment of the surrender of the body 
of the defendant to his custody, and thereupon the said copy of the 
bond with such acknowledgment shall be filed in the office of the 
clerk of the court in which the action is pending. Upon giving 
notice of the surrender, whether made in term time or vacation, to 
the plaintiff or his attorney, and paying the costs of the action 
against the bail, if any have accrued, the bail shall be discharged 
from all liability ; the defendant shall be committed to the jail of 
the county, there to remain until discharged by due course of law. 
If the sur- Jf the surrender be after judgment, and the plaintiff shall not charge 
after judg- lne defendant in execution within fifteen days after notice thereof, 
ment'the he shall be discharged out of custody ; the plaintiff may, notwith- 
iherelf. standing such discharge, have execution against the real and per- 
sonal estate of the defendant. 
Defendant Sec 5. Any defendant surrendered into custody or committed 
dereTinto by his bail, in manner aforesaid, may at any time before final judg- 
custody, ment shall have been rendered in the action, discharge himseli from 
Thar^-edby custody by giving other good and sufficient special bail ; the sheriff 
giving otk- or other officer authorized to take bail, shall take new bail to the 

ai ' same effect as is herein before provided. 
Baiimay Sec 6. In all cases of bail under this act, it shall and may be 
hl^Jflte lawful for the bail to arrest and secure the body of the principal, 
principal, until a surrender can be made to the sheriff of the county, where 
the suit may be pending, or to the court to which the process was 
returnable. 
When suits Sec. 7. Hereafter, no suit shall be commenced upon any bail 
ma i! v e ? ro 'S bond or recognizance of bail, in anv civil action, until a writ of 

on bail bond . i -r • i i n i • i • i i r i 

capias ad satisfaciendum, shall have issued against the defendant in 
the original action, directed to the sheriff of the county in which 
such defendant was arrested, and such sheriff shall have returned 
that the said defendant was not found in his county ; if any action 
shall hereafter be commenced upon such bond or recognizance, 
and it shall not appear upon the trial thereof that a writ of capias ad 
Whenne- satisfaciendum was issued and returned in the manner herein before 
charge the mentioned, a verdict shall be found for the defendant. It shall be 
baiL also necessary to charge the bail, that such w ; rit of capias ad satis- 

faciendum should be issued and delivered, at least ten days before the 
return day thereof, to the sheriff of the county, or officer to whom 
it may be directed ; such sheriff or other officer shall endeavor to 
serve such writ upon the defendant, any directions which he may 
receive from the plaintiff or his attorney, to the contrary notwith- 
standing. 
Remedy of Sec. 8. In all cases where judgment shall hereafter be entered 
bail against U p \ n anv CO urt of record in this state, against any person or per- 
pnnupa. gong as bai I for another, and the amount of such judgment or any 
part thereof, has been paid, or discharged by such bail, his, her, or 
their executors, administrators or heirs, it shall and may be lawful 
for such bail, his, her, or their heirs, executors, or administrators, 
to obtain judgment by motion against the person or persons for 



BAIL. 91 

whom he, she, or they were bound, for the full amount of what 
shall have been paid by the said bail, his, her, or their heirs, execu- 
tors or administrators, in such court where judgment shall have 
been entered up against such bail, before judgment shall be entered 
up against the principal, ten days previous notice of such motion 
shall have been given to him, if a resident of this state, and if a 
non-resident, then notice of such motion, shall have been published, 
for four weeks successively, in some newspaper printed in this 
state. 

Sec. 9. In all actions against bail, it shall be lawful for the bail Death of 
to plead in bar at such actions, the death of the principal before bTpleadin 
the return day of the process against the bail ; if on the trial of any bar. 
such issue, the death of the principal be found to have happened 
before such return day, judgment shall be given in favor of the de- 
fendant ; he shall, notwithstanding, be liable to judgment and exe- 
cution for the costs of suit, unless such death shall be found to have 
taken place before the commencement of the action. 

Sec 10. If any defendant having given special bail in any action, Arrest of 
shall afterwards be legally arrested and delivered over to the execu- defendant 
tive authority of the United States, or of any state or territory charge bail 
thereof, upon a charge of having committed a crime out of the juris- in certain 
diction of this state, and shall be thereupon carried beyond the 
limits thereof, such bail shall be discharged from all liability incurred 
as bail, if the defendant has not returned to this state discharged 
from such arrest, before he shall be liable to be charged as bail for 
such defendant. 

Sec. 13. When any defendant in any civil action, shall have A di 
been discharged as an insolvent debtor, agreeably to the laws of this ckati 
state respecting insolvent debtors, and a certificate from the author- ^Intlawto 
ity lawfully granting the same, shall be produced to the court, the release bail. 
bail of such defendant shall, in all cases, be entitled to have an 
exoneratus entered upon the records of the court, which shall there- 
upon operate as a discharge from his bond or recognizance, in the 
same manner as if he had surrendered his principal in court, or to 
the sheriff as herein before directed : Provided, That judgment 
shall not have been recovered against him as the bail of such de- 
fendant. 

Sec 12. Hereafter, proceedings by scire facias against bail, in Proceed- 
civil cases, shall not be allowed in any court of record in this state. l "£ r s e h f acias 
Proceedings already instituted may be proceeded in as though this notaiiowcd. 
act had not been passed. 

Sec 13. All acts and parts of acts coming within the intent, 
spirit, and meaning of this act, and the objects and proceedings to 
which it relates, and heretofore in force in this state, are hereby j^ e p ea u n ^ 
repealed. No proceedings, however had, or rights secured under clause. 
them, shall be in any way impeded or impaired, but may be pros- 
ecuted and enforced, as if this act had not taken effect. This 
act shall take effect on the first day of June next. 

Approved, January 26, 1827. 



s- 

vre un- 



92 BILLS OF EXCHANGE. 



BILLS OF EXCHANGE. 
In force 1st ^N ACT concerning Bills of Exchange. 

June, 1827. 

Sec. 1. Be it enacted by the people of the state of Illinois, rep- 
resented in the General Assembly, That when any foreign bills of 
Foreign exchange, which may be drawn for any sum of money, expressed 
Ud hmI eS " l ^ at l * )e va ^ ue nas keen received, shall be duly presented for ac- 
paid. ceptance or payment, and protested for non-acceptance or non- 

payment, the drawer or endorser thereof, due notice being given 
of such non-acceptance or non-payment, shall pay said bill, with 
' '° ' legal interest, from the time such bill ought to have been paid, 
until paid, and ten per cent, damages in addition, together with 
the cost and charges of protest. 

Sec. 2. If any bill of exchange drawn upon any person, cr 
prSef/ /S ^ody politic, or corporate, out of tins state, but within the United 
how to be States, or their territories, for the payment of money, and ex- 
paid. pressed to be value received, shall be duly presented for accept- 

ance or payment, and protested for non-acceptance or non-pay- 
ment, the drawer or endorser thereof, due notice being given of 
such non-acceptance or non-payment, sha.ll pay said bill, with 
legal interest from the time such bill ought to have been paid, 
until paid, and live per cent, damages in addition, together with 
costs and charges of protest. 

Sec 3. The act entitled cc An act regulating bills of exchange," 
approved February 14, 1821, shall be and the same is hereby re- 
Act q/* 1821 pealed : Provided, that the repeal of said act shall in no way affect 
repeae . Qr J tl -, pair any rights or interests acquired under said act. This 
act to take effect from and after the first day of June next. 

Approved, Dec. 28th, 1826. 



Damages. 



STATE BANK OF ILLINOIS. 

In force AN ACT to incorporate the subscribers to the Bank of the State 

Feb. 12, r r tit • 

1835. - of Illinois. 

Bank es- Sec 1. Be it enacted by the people of the State of Illinois, 

t lse ■ represented in the General Assembly, That a Bank of the State of 

stock\ a Illinois shall be established, the capital stock whereof shall be one 

$1,500,000. million five hundred thousand dollars, to be divided into shares of 

one hundred dollars each ; one million four hundred thousand 

dollars of said capital stock to be subscribed by individuals, [and] 

one hundred thousand shall be reserved, and may be subscribed 

for by the State of Illinois whenever the Legislature thereof may 

deem it proper to subscribe the whole or such parts thereof, as the 

condition of the Treasury may justify. 

Maybein- gv Ct 2. The said capital stock may hereafter be increased by 

$7,000000. individual subscriptions, to an amount not exceeding one million of 



STATE BANK OF ILLINOIS. 93 

dollars, to be subscribed for and taken under tbe direction of the 
president and directors of this corporation, in the same manner 
as herein provided for the subscription to the original capital 
stock. 

Sec. 3. All persons who shall become holders of the capital Subscribers 
stock of said Bank, pursuant to this act, shall be and they are here- i VC orpora- 
by constituted a body corporate, by the name of the president, ted - 
directors and company of the State Bank of Illinois ; and such Corporate 
corporation shall continue until the first day of January, in the nam e- 
year one thousand eight hundred and sixty, and by that name, shall duration 
be competent to contract and be contracted with, sue and be sued, ■""" 
plead and be impleaded, answer and be answered unto, defend and 
be defended, in all courts and places, and in all matters what- 
soever. 

Sec 4. The said corporation shall have power to carry on the Nature of 
business of banking, by discounting bills, notes, and other evidences ^ST 
of debt, by receiving deposites, and making all other contracts 
involving the interest or uses of money ; by buying or selling gold 
and silver bullion, foreign coins and bills of exchange, by issuing 
bills, notes, or other evidences of debt, and by exercising such 
other incidental powers as shall be necessary to carry on all such 
business. 

Sfc 5. The real estate which it shall be lawful for said Bank Real estate 
to purchase, hold and convey, shall be — 1st. Such as shall be re-^ e a ^ Zc// 
quired for its immediate accommodation in the transaction of its Bank, 
business, or such as shall have been mortgaged to it in good faith 
by way of security for loans previously contracted, or for moneys 
due ; or — 3d. Such as shall have been conveyed to it in satisfac- 
tion of debts previously contracted in the course of its dealiigs ; 
or — 4th. Such as shall have been purchased at sales upon judg- 
ments, decrees or mortgages, obtained or made for such debts ; 
and said Bank shall not purchase, hold or convey real estate in 
[any] other case, or for any other purpose ; and all such real es- 
tate, not absolutely, necessary for the convenient discharge of its 
business, shall be set up' at least once a year at public sale, and if 
the sum offered therefor, shall be sufficient to reimburse the princi- 
pal and interest of the debt for which it was taken by said corpora- 
tion, it shall be absolutely sold. 

Sec 6. The said corporation shall not, directly or indirectly, Prohibited 
deal or trade in buying or selling any goods, wares or merchandize, {^nmer- 
or commodities whatever. cliandize. 

Sec 7. The said corporation may have and use a common May have 
seal — the same altar, break, change or renew at pleasure, and may a commori 
also make, ordain and establish and put in execution such by-laws, 
ordinances, rules and regulations, as shall be necessary for the 
good government of the said Bank, and the prudent and efficient 
management of its affairs. No by-laws, ordinances, rules and By-laws. 
regulations of the same, shall be in any wise contrary to the con- 
stitution and laws of this state, or of the United States. 

Sec 8. The principal Bank of said corporation, shall be Principal 
located at Springfield, and an office of discount and deposite as a b L ank t d her6 
branch thereof, shall be established at Vandalia ; and the president 
and directors aforesaid, may establish and cjiscoiitinue such other 



Number of 



94 STATE BANK OF ILLINOIS. 

offices of discount and deposite as Branches within this State, 
whenever the interest of the community or Bank require it, in 
number not exceeding six, for the purpose of discount and 
deposite, and the transaction of such other business as may be 
legally confided to them under the provisions of this act ; and to 

branches."' 7 commit the management of all of the aforesaid branches under 
such regulations, as they shall from time to time deem pru- 
dent and necessary to adopt, to such number of persons as they 
shall choose. 

Commis Sec. 9. For procuring subscriptions for said capital stock, John 

sionersto Tillson, jr., Robert K. McLaughlin, Daniel Wann, A. G. S. 

receive sub- Wight, John C. Riley, Wni. H. Davidson, Edward M. Wilson, 

scriptwnsto p .°' , i n , -_? , _, ~ tV -n i • * -n 

capital Ldward L. rierson, Robert li. breen, Ezra Baker, jr., AquiJla 
stock. Wren, John Taylor, Samuel C. Christie, Edmund Roberts, 

Benjamin Godfrey, Thomas Mather, A. M. Jenkins, Wm. Linn, 
W. S. Gilman, Charles Prentice, Richard I. Hamilton, A. H. 
Buekner, Wm. F. Thornton and Edmund D. Taylor, are ap- 
pointed commissioners to receive all subscriptions therefor, and 
said commissioners, or a majority of them, shall first open in this 
State, one or more subscription books for said stock, on such days 
and at such places as they shall deem expedient ; and shall, for 
such purpose, appoint a day, giving at least thirty days previous 
Notke. notice of such time and place in one or more of the newspapers 
printed at the seat of government of this State or elsewhere ; and 
if the whole of the capital stock herein authorized to be subscribed 
for, shall not be taken within twenty days after the books shall be 
opened as aforesaid, the said commissioners or a majority of them, 
shall open other books on such days and at such places as they 
shall deem expedient, giving at least twenty days notice of the 
time and place of re-opening said books, in one or more of 
the newspapers printed at or near the place of re-opening said 
books. 
Length of Sec. 10. The books for subscription shall be kept open until 
^k'lT b a ^ ^ le or 'S ma ' stock to be subscribed by individuals shall have 
kept open, been taken, and the sum of ten dollars on each share subscribed 
for, shall be paid to the said commissioners at the time of making 
such subscription ; such payments shall be made in specie, bills of 
the Bank of the United States, or certificates of deposite in any of 
the deposite Banks of the United States, in New York or 
Philadelphia. As soon as the directors shall have been chosen, 
and the commissioners hereby appointed shall have been notified 
of their election, they shall pay over the whole amount of sub- 
scription severally paid to, and received by them in the same de- 
scription of moneys so by them received, into the hands of the 
president and directors of the said corporation, taking their receipts 
therefor, to be delivered over to the cashier of said corporation as 
soon as he shall have given bond according to law : Provided, 
That if, on closing the books, it shall be found that more than one 
million four hundred thousand dollars have been subscribed, the 
excess shall be taken first from such as reside out of this State, 
then from corporations ; and should there still be an excess, the 
same shall be taken in proportion from the subscriptions over one 
thousand dollars, until all are reduced to that amount ; then from 



STATE BANK OF ILLINOIS. 95 

all equally, until the whole amount shall not exceed one million 
four hundred thousand dollars. 

Sec. 11. The stock, property and prudential concerns of said Concerns 
corporation, shall be conducted by nine directors, being; stock* °/ 8 f xd u 

, i • • r i • o l i ii i i- bank, how 

holders and citizens ot this otate, but no person shall be a director managed. 
who shall not at the time of his appointment hold at least ten shares 
of the stock of the incorporation. 

Sec 12. The election of directors under this act, shall be held Election of 
at such time and place in the town of Springfield, as shall be J/, en and 
directed by the said commissioners, who, or a majority of whom, whereto be 
are hereby appointed inspectors of the first election ; and the per- 
sons then elected as directors, shall hold their offices until the 
second Tuesday of June, 1836, and until others are elected. 

Sec 13. The directors for every subsequent year, shall be 
elected on the second Tuesday of June in every year, at such time ^/ z rf 6 ^ n . 
of the day, and at such place within the town of Springfield, and nually 
under the direction of such persons as a majority of the directors, thereafter. 
for the time being, shall, by a resolution to be entered on their 
minutes, appoint, and shall hold their offices for one year, or until 
others are elected in their stead. 

Sec 14. After the first election, no stockholder who shall not Number of 
have held his stock for which he votes, for three calendar months l^ch stofk- 
previous to the day of election, shall be entitled to vote, and the holder shall 
number of votes to which such stockholders shall be entitled in be o enMled 
voting for directors, shall be in the proportion following — that is to 
say, for each and every share, not exceeding four shares, one 
vote ; for every two shares above four and not exceeding thirty, 
one vote ; for every four shares above thirty and not exceeding 
ninety, one vote ; for every six shares above ninety and not ex- 
ceeding one hundred and fifty, one vote ; and for every ten shares 
above one hunded and fifty, one vote. But no person, co-partner- 
ship, or corporation, shall be entitled to a greater number than one 
hundred votes. In all elections for directors, votes may be given 
either in person or by proxy ; but no person shall vote by proxy 
more than one hundred votes, and no individual stockholder who 
shall be a resident of the county where the election is to be held 
at the time of such election, shall vote by proxy unless in case of 
unavoidable absence, except females or minors : Provided, no 
president, cashier, or other officer of said Bank or branches there- 
of, shall be permitted to vote at any election for d-rectors as the 
attorney, agent or proxy of any stockholder : Provided, also, that 
no president, cashier or director of the Bank shall, during the term 
of his office, be eligible to a seat in either branch of the general 
assembly of this State. 

Sec 15. All elections shall be by ballot, and the nine persons Election to 
who shall have greatest number of votes, shall be the directors ; beb y balloL 
and if at any election two or more persons have an equal number In case tw0 
of votes for directors, then the directors who shall have been dul) have an 
elected, shall proceed by ballot, and by plurality of votes deter- equal num- 
mirie which of the said persons so having an equal number of 
votes, shall be director or directors, so as to complete the whole 
number ; and if any director shall cease to be a stockholder to the 
amount of ten shares, his office shall be vacant ; and whenever any 



96 STATE BANK OF ILLINOIS. 

vacancy shall happen among the directors, from such or any other 
cause, such vacancy shall be filled for the remainder of the year in 
which it shall happen, by the directors, for the time being, or a 
majority of them. 
Election of Sec. 16. The directors elected, as soon as may be after their 
president, election, shall proceed to choose by ballot, one of their number 
to be their President, who shall preside in the board until the next 
annual election ; and in case of his death or resignation, they 
may proceed to fill the vacancy created thereby for the residue of 
his term. They shall have power to appoint a Cashier and all 
subordinate officers of the said corporation, fix their compensation, 
define their powers, and prescribe their duties ; who shall give 
such bonds and in such penal sums, with such conditions, and 
with such securities as the directors shall prescribe, and hold 
their several offices during the pleasure of a majority of said 
directors. 
General Sec. 17. That a general meeting of the stockholders shall be 

meetings of held on the second Monday of June, 1836, and on the second 
^rfwhtn Monday of June annually, thereafter, at the time and place of 
held. holding the election for directors ; and the directors for the year 

immediately preceding, shall present an exact and particular state- 
ment of the state^ condition, and affairs of said Bank ; and the 
stockholders present, shall have power to examine into all ma'ters 
connected with said Bank, its pecuniary concerns and general 
welfare, and to adopt such measures as shall appear to them need- 
ful and proper, touching the management of said corporation and 
its effects, as shall not be inconsistent with the provisions of this 
charter. 
Authorized Sec IS. The said corporation shall have power to receive on 
to borrow deposite, or borrow at such rate of interest as may be agreed 
> ney. upo^ an y Sl] m of money not exceeding one million of dollars, 
May loan and the same to loan on bond and mortgage of unincumbered real 
esame. e5tate w j t hi n tne gtate ; but no loan on such real estate shall be 
made in any case for more than one half of the appraised value 
thereof, for a term of time not exceeding five years, and at no 
higher rate of interest than ten per centum per annum. 
When to Sec ^* r ^ De sa '^ corporation shall not commence business 

commence until two hundred and fifty thousand dollars of the capital stock 
shall have been paid to said corporation in specie ; and as soon as 
such payment shall have been made, the said directors shall notify 
the Governor of this Stale that they are ready to commence busi* 
ness ; and thereupon, the said Governor shall appoint some suita- 
ble person or persons, to examine and count the money paid in 
on account of said capital stock, and then being actually in the 
vaults or possession of said corporation, whose duty it shall be, 
at the expense of said corporation, to make such examination, 
and ascertain by the oath of the President and Cashier of the said 
corporation ^ that the said capital has been, bona fide, paid in by 
the stockholders of the said corporation, in payment of instal- 
ments under the regulations of this charter, and for no other pur- 
pose whatever, and that it has actually been received as part of said 
capital stock ; and thereupon, such person or persons so appoint- 
ed by the Governor, shall forthwith make due return of such 



business 



STATE BANK OF ILLINOIS. 97 

examination, and the facts connected therewith, to the Governor ; 
and when the return shall be made to him, as aforesaid, that the 
said sum of two hundred and fifty thousand dollars of the capital 
stock of the said corporation has been paid in and actually exists in 
the vaults in possession of said corporation, he shall cause procla- 
mation to be made of the same, which shall be published, at the 
expense of the said corporation, in at least four of the newspapers 
printed in this State ; and on the first publication of such procla- 
mation, it shall be lawful for the said corporation to commence 
business, and not before. 

Sec. 20. The directors shall have power to require the stock- Directorstb 
holders, respectively, 10 make payment of all sums of money by re ^ e , f 
them subscribed and remaining unpaid, at such times and in such sums sub- 
proportion as such directors shall see fit, under the pain of the for- sctibe d and 
feiture of the share upon which such payments are required, and 
all previous payments thereon, to the said corporation. 

Sec. 21. The directors shall give notice of every such call Shall give 
by notice, to be published at least once a week, for eight weeks "uch^pay- 
successively, in two or more newspapers in this State, one of ments; 
which shall be at the seat of government of this State ; which 
notice, so to be published, shall be a sufficient call on such stock- 
holders to authorize, in case of default to comply therewith, the 
forfeiture above provided. 

Sec 22. The obligations, contracts, bills, notes and other All widen*. 
evidences of debt, made or issued by the said corporation, and Obligatory 
being assignable and negotiable in like manner as if made or issued on said cor-: 
by a private person ; and those payable to bearer by delivery ; m\& pora lon ' 
every evidence of debt assigned by the said corporation by en- 
dorsement thereon, shall enable the assignee thereof to maintain 
an action thereupon in his own name ; but every note, bill or 
evidence of debt, purporting to be a bank note to be issued by 
the said corporation, shall be deemed and taken to be payable at 
the banking house of the said corporation, unless otherwise speci- 
fied on its face. 

Sec. 23. It shall be lawful for the said corporation, and they are Rates of 
hereby authorized, to demand and receive, for all sums of money ]^ l ^ stal ' 
loaned by them, the following rates of interest, to wit : On loans 
for sixty days or under, at the rate of six per cent, per annum ; 
on loans over six months and under twelve, eight per cent, per 
annum : Provided, That the interest may be taken in advance 
and in accordance with the usual practice of banking institutions. 

Sec 24. The said corporation shall not issue or hate in cir~ Motes in 
culation at any time an amount of notes or bills put in circulation circulation 
as money, exceeding twice and a half of its capital stock paid in ceed twice 
and possessed, exclusive of the sums due on deposites ; nor shall and a half 
its loans and discounts at any time exceed three times the amount s tock Pl ' 
of such stock, exclusive of the deposites as aforesaid ; and in 
case of excess, the directors, under whose administration it shall 
have happened, shall be liable in their natural and private capaci- 
ties. Any director or directors who may be absent when such 
excess is created or contracted, or who may have dissented from 
the act whereby the same was created or contracted, may respect- 
ively exonerate themselves from being so liable, by entering his 
13 



amount of 
stock reser 
ved to the 
State shall 
be subscrib 



98 STATE BANK OF ILLINOIS. 

protest to the same on the book of the minutes of the proceedings 

of the said corporation. 
Refusal to Sec 25. If, at any time, the corporation hereby created, shall 
redeem evi- ne2 -] ec t or refuse, for ten days after demand, at the banking house, 

denceof » , , <■ i ■ i • ■ 

debt. during the regular hours ot business, to redeem, in specie, any 

evidence of debt issued by the said corporation, the said corpo- 
ration shall discontinue and close all its operations of business, 
except the securing and collecting of debts due or to become due 
to the said corporation, and the charter hereby granted shall be 
forfeited. 
Payment Sec. 26. The said corporation shall be liable to pay to the 
ana^refus- holders of every evidence of debt made by it — the payment of 
ed. which shall have been demanded and refused damages for the non- 

Damages. p avment thereof in lieu of interest at and after the rate of ten per 
centum per annum, from the time of such refusal until the pay- 
ment of such evidence of debt and the damages thereon. 
Stock as- Sec. 27. The stock of the said corporation shall be assignable 
signabie. anc j transferable according to such rules as shall be adopted, in 

that behalf, by the by-laws and ordinances thereof. 
When the Sec. 28. Whenever the one hundred thousand dollars reserved 
in this charter to be subscribed for by the State of Illinois, shall 
have been, by virtue of law, subscribed for, and the amount 
thereof paid in by the said State, the Governor shall nominate, 
ed. and, by and with the advice and consent of the Senate, appoint 

two directors on the part of the State, to represent her in the said 
corporation, whose rights, powers and duties, shall be, in all re- 
spects, the same as those of the directors chosen by the stock- 
holders. 
Directors Sec 29. It shall be the duty of the directors of the said 
ividends^ corporation, to make dividends half-yearly, or otherwise, of so 
of profits, much of the surplus profits arising from the business of the said 
corporation, as they, or a majority of them, shall deem advisable. 
Expenses Sec 30. The expenses incurred by Commissioners in execu- 
incurred by tm g anv duties required by this act, shall be paid out of the 

vo minis- x j > i 

sioners, moneys received by them, from the subscribers, out of the capital 

how paid, stock. 

Sec 31. The Legislature of this State shall never pass any 
law retarding, obstructing, staying, protracting, or in any wise 
suspending the collection of any debt or debts due the said Bank. 
Tobe Sec 32. This act shall be taken and received by all Courts, 

deemed a and by all Judges, Magistrates, and other public officers, as a 
public act, and shall be construed liberally for all beneficial pur- 
poses therein intended ; and all printed copies of the same which 
shall be printed by or under the authority of the General Assem- 
bly, shall be admitted as good evidence thereof without any other 
proof whatever. 
Conveyan- Sec 33. All conveyances of real estate shall be made and 
signed by signed by the President of this corporation, and shall have affixed 
thepresi- to said conveyance the seal thereof. 

Sec 34. It shall not be lawful for this corporation, under pen- 

issue bills *% °f the forfeiture of its charter, to issue any bank bills of a less 

of less than denomination than five dollars ; and the power is hereby reserved 

° ars ' to the Legislature, fifteen years after the passage of this act should 



STATE BANK OF ILLINOIS. 99 

it be considered advisable, to further restrict the corporation from 
issuing any bank bills of a less denomination than ten dollars. 

Sec. 35. The stock in said Bank shall be considered as per- Stock to be 
sonal property, and may be sold on execution, and transferred on^^ z 
the books of the Bank by the officer selling the same, but in all property. 
cases be subject to a lien in favor of the Bank, for all debts bona 
fide due, or then owing and to become due the same from the 
owner. 

Sec 36. The said Bank shall pay into the State Treasury^ 07 " 
annually, on the first day of January, one half per cent, on the 
amount of capital stock actually paid in by individuals, in lieu of 
all taxes and impositions whatsoever : Provided, That if said 
Bank shall abuse any of its corporate powers, by interfering in 
any of the elections of this State, other than that of its own offi- 
cers, the said Bank and its Branches shall forfeit its charter, and 
cease to exist. Approved, Feb. 12, 1835. 

NOTE. This act is amended by acts of Jan. 16, 1836 ; March 2d, and March 4th, 
1837 ,• and July 21st, 1837. 



JIN ACT to incorporate the President, Directors and Company 
of the Bank of Illinois at Shawneetown. 

Sec. 1. Be it enacted by the Legislative Council and House 
of Representatives of the Illinois Territory, and it is hereby enacted 
by the authority of the same, That a Bank shall be established at 
Shawneetown, the capital stock whereof shall not exceed three 
hundred thousand dollars, to be divided into shares of one hundred 
dollars each, one-third thereof to remain open to be subscribed by 
the legislature of this territory, or state, when a state government 
shall be formed, which territory or state, shall be entitled to such 
part of the dividend of the said corporation in proportion to the 
amount actually subscribed* by such territory or state, which one- 
third shall be divided into shares of one hundred dollars each, in 
the same manner as the individual stock is divided, and that sub- 
scriptions for constituting the said stock shall, on the first Monday 
in January next, be opened at Shawneetown, and at such other 
places as may be thought proper, under the superintendence of 
such persons as shall hereafter be appointed, which subscriptions 
shall continue open until the whole capital stock shall have been 
subscribed for : Provided, however, That so soon as there shall 
be fifty thousand dollars subscribed for in the whole, and ten 
thousand thereof actually paid in, the said corporation may com- 
mence business and issue their notes accordingly. 

Sec 2. Be it further enacted, That it shall be lawful for any 
person, or partnership, or body politic, to subscribe for such or so 
many shares as "he, she, or they may think fit, nor shall there be 
more than ten shares subscribed in one day by any person, co- 
partnership or body politic, for the first ten days after opening the 
said subscriptions. The payments of said subscriptions shall be 



100 BANK OF ILLINOIS AT SHAWNEETOWN. 

made by the subscribers respectively, at the time and manner fol- 
lowing — that is to say, at the time of subscribing there shall be 
paid into the hands of the person appointed to receive the same, 
the sum of ten dollars in gold or silver on each share subscribed 
for, and the residue of the stock shall be paid at such times and in 
such instalments as the directors may order : Provided, That no 
instalment shall exceed twenty-five per cent, on the stock sub- 
scribed for, and that at least sixty days notice be given in one or 
more public newspapers in the territory : And provided, also, 
That if any subscriber shall fail to make the second payment at 
the time appointed by the directors for such payment to be made, 
shall forfeit the sum so by him, her or them first paid, to and for 
the use of the corporation. 

Sec 3. Be it further enacted, That all those who shall become 
subscribers to the said Bank, their successors and assigns, shall be 
and they are hereby enacted and made a corporation and body 
politic, by the name and style of " The President, Director and 
Company of the Bank of Illinois," and shall so continue until the 
first clay of January, one thousand eight hundred and thirty-seven, 
and by that name shall be and hereby made able and capable in 
law, to have, purchase, receive, possess, enjoy, and retain, to 
them and their successors, lands, rents, tenements, hereditaments, 
goods, chattels and effects of what kind, nature or quality soever, 
to an amount not exceeding in the whole, five hundred thousand 
dollars, including the capital stock aforesaid, and the same to grant, 
demise, alien, or dispose of, to sue and be sued, plead and be im- 
pleaded, answer and be answered, defend and be defended, in 
courts of record or any other place whatever ; and also, to make, 
have and use a seal, and the same to break, alter and renew at 
pleasure, and also to ordain, establish and put in execution, such 
by-laws, ordinances and regulations as they shall deem necessary 
and convenient for the government of the said corporation, not in- 
consistent with the laws of the territory or constitution, and gen- 
erally to do, perform and execute all and singular acts, matters and 
things which to them it may appertain to do, subject however to 
the rules, regulations, limitations and provisipns hereinafter pre- 
scribed and declared. 

Sec. 4. Be it further enacted, That for the well ordering of 
the affairs of the said corporation, there shall be twelve directors, 
the first election for whom shall be by the stockholders, by plurality 
of votes actually given, on such day as the persons apppinted to 
superintend the subscriptions for stock shall appoint, by giving at 
least thirty days notice in all the public newspapers of the territory 
and those who shall be duly chosen at any election, shall be capar 
ble of serving as directors by virtue of such choice, until the full 
end or expiration of the first Monday of January next ensuing the 
time of such election, and no longer ; and on the said first Monday 
of January in each and every year thereafter, the election for 
directors shall be holden, and the said directors at their first meeting 
after each election, shall choose one of their number as president. 

Sec 5. Be it further enacted, That in case it should happen 
at any time that an election for directors should not be had upon 
any day, when, pursuant to this act, it ought to have been holden, 



BANK OF ILLINOIS AT SHAWNEETOWN. 101 

the corporation shall not for that cause be considered as dissolved, 
but it shall be lawful to hold an election for directors on any other 
day, agreeably to such by-laws and regulations as may be made 
for the government of said corporation, and in such case the 
directors, for the time being, shall continue to execute and dis? 
charge the several duties of directors until such election is duly 
had and made ; any thing in the fourth section of this act to the 
contrary notwithstanding : And it is further provided, That in 
case of death, resignation or removal of director or directors, the 
vacancy shall be filled by election for the balance of the year. 

Sec. 6. Beit further enacted. That a majority of the directors, 
for the time being, shall have power to appoint such officers, clerks 
and servants under them, as shall be necessary for executing the 
business of the said corporation, and to aLow them such compen- 
sation for their services respectively as shall be reasonable, and 
shall be capable of exercising such other powers and authorities 
for the well governing and ordering of the affairs of the said cor? 
poration as shall be prescribed, fixed and determined by the laws, 
regulations and ordinances of the same : Provided always, That a 
majority of the whole number of directors shall be requisite in the 
choice of a president and cashier. 

Sec. 7. Be it further enacted, That the following rules, re- 
strictions, limitations and provisions, shall form and be the funda? 
mental articles of the Constitution of the said corporation, to wit : 
— The number of votes to which the stockholders shall be entitled 
in voting for directors, shall be according to the number of shares 
he, she or they may respectively hold, in the proportions following 
— that is to say, for one share and not more than two shares, one 
vote ; for every two shares above two, and not exceeding ten, one 
vote ; for every four shares above ten and not exceeding thirty, 
one vote ; for every six shares above thirty and not exceeding 
sixty, one vote ; for every eight shares above sixty and not exceeds 
ing one hundred, one vote ; and for every ten shares exceeding one 
hundred shares, one vote ; and after the first election, no share or 
shares shall confer a right of voting, which shall not have been 
holden three calendar months previous to the day of election. 

2. The governor of the state or territory, is hereby appointed 
agent for the legislature, to vote for president, directors and cashier 
of said bank, and is hereby entitled to exercise the right of voting 
for the same in proportion to the number of shares actually sub? 
scribed for by the legislature, in the same ratio that individuals, or 
other bodies politic or corporate are entitled to vote for ; and the 
said agent hereby appointed, shall exercise the power hereby 
vested in him until the legislature shall make other regulations re? 
specting the same, and no longer. 

3. None but a bona fide stockholder being a resident citizen of 
the territory, shall be a director ; nor shall a director be entitled 
to any other emolument than such as shall be allowed by the stock-? 
holders at a general meeting, but the directors may make such 
compensation to the president for his extraordinary attendance at 
the bank, as shall appear to them reasonable and just. 

4. Not less than four directors shall constitute a board for the 
transaction pf business, of whom the president shall always be one, 



102 BANK OF ILLINOIS AT SHAWNEETOWN. 

except in case of sickness, or necessary absence, in which case, 
his place may be supplied by any other director, whom he, by 
writing under his own hand, may depute for that purpose. 

5. Any number of stockholders, not less than fifteen, who shall 
be proprietors of not less than fifty shares, shall have power to call 
a general meeting of the stockholders for purposes relative to the 
institution, by giving at least thirty days notice in one or more of 
the public newspapers of the territory, specifying in such notice 
the object or objects of such meeting, and may, moreover, appoint 
three of their members as a committee to examine into the state 
and condition of the bank, and the manner in which its affairs have 
been conducted : Provided, That no member of such committee 
shall be a director, president or other officer of any other bank. 

6. Every cashier before he enters upon the duties of his office, 
shall be required to give bond with two or more sureties to the 
satisfaction of the directors, in a sum not less than ten thousand 
dollars, conditioned for his good behavior, and the faithful perform- 
ance of his duties to the said corporation, and the other officers 
and servants shall also enter into bond and security in such sum as 
the president and directors may prescribe. 

7. The lands, tenements, and hereditaments which it shall be 
lawful for the said corporation to hold, shall be only such as shall 
be requisite for its immediate accommodation in relation to the con- 
venient transaction of its business, and such as shall have been, 
bona fide, mortgaged to it by way of security, or conveyed to it 
in satisfaction of debts previously contracted in the course of its 
dealings, or purchased upon judgments which shall have been ob- 
tained for such debts. 

8. The total amount of debts which the said corporation shall 
at any time owe, whether by bond, bill, note or other contract, 
shall not exceed twice the amount of their capital stock actually 
paid over and above the moneys then actually deposited in the 
Bank for safe keeping ; and in case of excess, the directors, un- 
der whose administration it shall happen, shall be liable for the 
same in their natural and private capacities, and an action of 
debt may be brought against them, or any of them, their or any of 
their heirs, executors or administrators, in any court competent to 
try the same, or either of them, by any creditor or creditors of the 
said corporation ; but this provision shall not be construed to 
exempt the said corporation, or the lands, tenements, goods or 
chattels of the same from being liable for, and chargeable with the 
said excess ; such of the said directors who may have been absent 
when the said excess was contracted or created, or who may have 
dissented from the resolution or act, whereby it was contracted or 
created, may respectively exonerate themselves from being so lia- 
ble, by forthwith giving notice of the fact, and of their absence or 
dissent, at a general meeting of the stockholders, which they shall 
have power to call for that purpose. 

9. The said corporation shall not directly or indirectly deal 
or trade in any thing except bills of exchange, gold or silver, 
or in the sale of goods really and truly pledged for money lent and 
not legally redeemed in due time, or of goods which shall be the 
produce of its lands ; neither shall the said corporation take more 



BANK OF ILLINOIS AT SHAWNEETOWN. 103 

than at the rate of six per cent, per annum for or upon its loans or 
discounts. 

10. The shares of the capital stock of the said corporation shall 
be assignable and transferable at any time, according to such 
rules as shall be established in that, behalf, by the laws and ordi- 
nances of the same ; but no stock shall be transferred, the holder 
thereof being indebted to the Bank, until such debt be satisfied, 
except the President and Directors shall otherwise order it. 

11. The bills, obligatory and of credit, under the seal of the 
said corporation, which shall be made payable to any person 
or persons, shall be assignable by an endorsement thereupon, and 
shall possess the like qualities as to negotiability, and the holders 
thereof shall have and maintain the like actions thereon as if such 
bills obligatory and of credit, had been made by or on behalf a 
natural person ; and all bills or notes which may be issued by order 
of the said corporation, signed by the President and countersigned 
by the principal Cashier, or Treasurer thereof, promising the pay- 
ment of money to any person or persons, his, her or their order, or 
to bearer, though not under the seal of the said corporation, shall 
be binding and obligatory upon the same, in like manner and with 
like force and effect, as upon any private person or persons, if issued 
by him, her or them, in his, her or their private or natural capaci- 
ty or capacities, and shall be assignable and negotiable in the like 
manner as if they were so issued by such private person or persons 
— that is to say, which shall be payable to any person or persons, 
his, her or their order — shall be assignable by endorsement, in like 
manner and with like effect as bills of exchange now are ; and 
those which are payable to bearer, shall be assignable and negotia- 
ble by delivery only. 

12. Half-yearly dividends shall be made of so much of the pro- 
fits of the Bank as shall be deemed expedient and proper ; and 
once in every three years, the directors shall lay before the stock- 
holders, at a general meeting, an exact and particular statement of 
the debts which shall have remained unpaid, after the expiration of 
the original credit, lor a period of treble the time of that credit, 
and of the surplus of profit, «(if any) after deducting losses and divi- 
dends. If there shall be a failure in the payment of any part of any 
sums subscribed to the capital stock of said Bank, the party failing 
shall lose the dividend which may have accrued prior to the time 
of making such payment during the delay of the same. 

Sec 8. And be it further enacted, That the said corporation 
shall not at any time suspend or refuse payment in gold and silver, 
of any of its notes, bills or obligations, nor of any moneys received 
upon deposite in said Bank, or in its office of discount and deposite; 
and if the said corporation shall at any time refuse or neglect to pay 
on demand, any bill, note or obligation, issued by the corporation 
according to contract, promise or undertaking therein expressed, 
or shall neglect or refuse to pay on demand, any moneys received 
in said Bank, or in its office aforesaid on deposite, the person or 
persons entitled to receive the same, then, and in every such case, 
the holder of any such note, bill or obligation, or the person or 
persons entitled to demand and receive the same, shall recover in- 
terest on the said bills, notes, obligations or moneys, until the same 



104 BANK OF ILLINOIS AT SHAWNEETOWN. 

shall be fully paid and satisfied, at the rate of twelve per centum 
per annum, from the time of such demand as aforesaid : Provided, 
That the Legislature of this Territory may, at any time here- 
after, enact laws to enforce and regulate the recovery of the amount 
of the notes, bills, obligations, or other debts, of which payment 
shall have been refused as aforesaid, with the rate of interest above 
mentioned ; vesting jurisdiction for that purpose in any courts 
either of law Or equity within this Territory. 

Sec 9. Be it further enacted, That John Marshall, David A p- 
person, Samuel Hays, Leonard White, and Samuel R. Campbell, 
or any three of them, shall be commissioners for the purpose of 
receiving subscriptions, and who shall have power to appoint a 
person to receive the money required to be paid at the time of sub- 
scribing ; and the said receiver shall, as soon as the directors are 
appointed, pay over the same into the hands of such person as the 
directors may direct. 

Sec 10. Be it further enacted, That the aforesaid corporation 
shall not be dissolved previous to the expiration of their charter, 
nor until all their debts, contracts, notes, bills of exchange and un- 
dertakings in their corporate capacity, shall be finally and faithfully 
settled : Provided^ also, That after the expiration of their charter, 
they shall not transact business according to the true intent and 
meaning of this act, further than to settle and close their contracts 
as above provided. This act to take effect from and after its pas- 
sage. 

WILLIS HARGRAVE, 
Speaker of the House of Representatives, pro tern. 

PIERRE MENARD, 
President of the Legislative Council. 
Approved, December 28, 1816. 

NINIAN EDWARDS. 



In force j}j\r J}QT to extend for a limited time the Charter of the Bank 

Feb 12 /• . 

i S 35. ' of Illinois at Shawneetown. 

Charter ex- Sec ^' ^ e ^ enacted by the people of the State of Illinois, re- 
tended, presented in the General Assembly, That the Act of the Legislature 
of die late Territory of Illinois, entitled " An act to incorporate 
the President, Directors and Company of the Bank of Illinois," 
approved December 28th, 181(5, be and the same is hereby con- 
tinued in force for the term of twenty years from the first day of 
January, 1837 ; and the said corporation is hereby authorized to 
demand and receive, for loans made, the following rates of interest, 
to wit : On loans for six months or under, at the rate of six per 
cent, per annum ; and on loans over six months, at the rate of eight 
per cent, per annum. 
Stock to be Sec 2. Stock in said Bank, on which payments shall not be 
forfeited mac | e \# pursuance of regular calls made by the board of directors, 
ments are shall become forfeited to the said Bank, and shall be open again to 



BANK OF ILLINOIS AT SHAWNEETOWN. 105 

be subscribed for, and taken by any other person or persons, in such not made 
public mode as the board of directors shall prescribe, of which an£"o/>e- 
reasonable public notice shall be given : Provided, That said Bank guiar calls. 
shall refund to the original proprietors thereof whatever amount 
(but without interest or dividends) shall have been actually paid in 
by them on such stock. 

Sec. 3. It shall be the duty of the Governor of this State, with- Duty of the 
in three months from the passage of this act, to cause public notice initiation 
to be given, id such newspapers in this State, and elsewhere, as to the stock 
he shall judge proper, that on the first day of May next, the one 37/fte 
hundred thousand dollars of the stock of said Bank, reserved by subscribed 
the Charter thereof to be subscribed for by the State, will be sold-^^^ 
at the Banking-house in Shawneetown, to the highest bidder ; and 
on that day he shall cause to be sold, as aforesaid, for the highest 
premium which can be got, the said one hundred thousand dollars 
of stock, in lots of not less than ten shares, nor more than fifty 
shares at a time ; and the said stock, when thus sold, shall be en- 
tered on the books of the Bank, in the names of the purchasers 
thereof, and shall be subject to the same rules and regulations as 
other stock in said Bank ; and if said stock should not be sold on 
the said day, the same shall be and remain oppn for subscription on 
the books of said Bank until the same shall be all subscribed for and 
taken. The premium for which said stock shall be sold, shall be 
paid into the State Treasury for the use of the people of the State: 
Provided, That said Bank shall pay into the State Treasury, an- 
nually, one half per cent, on the capital stock actually paid into 
said Bank, to be used for State purposes ; and said Bank shall be 
exempt from further taxation in consideration thereof. 

Approved, Feb. 12, 1835. 

NOTE. This act is amended by act of February 28, 1837 ; and of July, 1837. 



BANKS 



AN ACT supplemental to " an act to incorporate the subscribers in force, 
to the bank of the state of Illinois." ^: 16 > 

J » 1836. 

Sec 1. Be it enacted by the people of the State of Illinois, Bnnk au- 
represented in the General Assembly, That it may be lawful for the se °uapUal 
State Bank of Illinois, to sell or vend at public auction, the stock. 
capital stock provided for in the second section of the act to 
which this is a supplement, at any place within the limits of this 
State, having given four weeks notice prior to such sale, in at Notice. 
least four of the public papers printed within this state ; and the 
profits arising from such sales, shall belong exclusively to the Profits. 
bank, upon the conditions as provided in the third and fourth 
sections of this act. 

Sec 2. There may be established in addition to the branches Additional 
or offices of discount and deposite, now provided for in the 8th branch es. 
14 



106 BANKS. 

section of the act to which this is a supplement, any number not 

exceeding three, at the option of said bank. 
bo days ad- Sec. 3. The corporation shall have fifty days in addition to 
timTaiiow- 1 ^ time now allowed in the 25th section of the act to which 
ed for re- this is a supplement, for the redemption of its notes and evidences 
i e iaf twno ^of debt, as provided for in the above recited section. 
Bank to Sec. 4. The corporation or bank, shall not be entitled to the 

enter into benefits or provisions of this act, until the said corporation, in 
wUh'gov- consideration thereof, shall have entered into contract with the 
emor tore- Governor of the State of Illinois, to redeem the loan, com- 
"Wiggins monly called u the Wiggins Loan," made by authority of the 
Loan." State', on the 29th day of January, A. D. 1831, together with 

the interest which may hereafter accrue on said loan. 

Approved, January 16, 1836. 



In force AN ACT supplemental to an act entitled an act to incorporate the 
Feb. 28, president directors and company of the Bank of Illinois at Shaw- 

neetown. 

Sec. 1. Be it enacted by the People of the State of Illinois, re- 
Bank at presented in the General Assembly, That the Bank of Illinois at 
Shawnee- Shawneetown, shall have power to borrow at such rate of in- 

town, power \ i c ^ 

to borrow terest as may be agreed upon, any sum ot money not exceed- 
any sum ] n g t wo hundred and fifty thousand dollars, and the same to 
ing $250,- loan on bond and mortgage of unincumbered real estate within 
00 °- this state ; but no loan on such real estate shall be made in any 

No higher case for more than one half of the appraised value thereof, for 
interest a term not j ess t han one year, nor exceeding five years, and at 
percent, no higher rate of interest than ten per centum per annum. 

Approved, February 28, 1837. 



In force AN ACT authorizing a subscription to the capital stock of the 
M% ck 2 > State Bank of Illinois. 



1837. 



Be it enacted by the People of the State of Illinois, represented 
Governor in the General Assembly, That the governor of the state is hereby 
required to au thorized and required for and in the name and behalf of the 

subscribe . .... . 1 . , r , , . , . 

./br$ioo,ooo state ot Illinois to subs3nbe tor the one hundred thousand 
'banl ate dollars of the capital stock of the State Bank of Illinois, re- 
served for the state by the act entitled an act to incorporate 
the subscribers to the Bank of the State of Illinois, approved 
on the twelfth day of February one thousand eight hundred 
Order on an d thirty-five, and he is hereby authorized and required to 
saidbank. make orders upon the treasurer, payable to said bank for the 



BANKS. 107 

whole amount of said stock, which orders the treasurer is re- 
quired to pay out of any money in the treasury not otherwise 
appropriated. 

Approved, March £d, 1837. 



JIN ACT to increase the capital stock of certain banks and to In force 4th 
provide means to pay the interest on a loan authorized by an act ^o rc/l > 
entitled " an act to establish and maintain a general system of 
internal improvement." 

Sec. 1. Be it enacted by the people of the State of Illinois^ re- Capital of 
presented in the General Jlssemhly, That the capital stock of the Increased 
State Bank of Illinois shall be and the same is hereby increased twomii- 
m the sum of two million dollars, exclusive of the one hundred stock to be 
thousand dollars reserved to the state, by the first section of an subscribed 
act entitled " an act to incorporate the subscribers to the Bank ^apitaUf 
of the State of Illinois," the whole to be subscribed for by the the Bank of 
state as hereafter directed. The capital stock of the Bank O^rea^diT 
Illinois at Shawneetown shall be and the same is hereby in- 400,000. ' 
creased in the sum of one million four hundred thousand dol- 
lars, to be subscribed as hereafter directed ; Provided the 
consent of said banks shall have been thereunto first given, by P on ^ e7lt k °f 
an entry on their books, under the direction of the board of be first 
directors, which shall be certified under the seal of the corpo-3™* 71 
ration to the board of fund commissioners, to be elected under board of 
the provisions of an act entitled " an act to establish andA" rf . com_ 
maintain a general system of internal improvement," and to 
the secretary of state, the same to be by him filed in his office. 

Sec 2. Said board of Fund Commissioners be, and they are Fund com- 
hereby authorized and empowered to negotiate a loan on the SneSSfe 
credit and faith of this state, as, and for the exclusive and sole aioanon 
purpose hereinafter provided, for a sum or sums not exceeding f h e e {^ °^ 
three millions of dollars, as the same may be needed and wanted Not exceed- 
for the purposes hereinafter set forth, which shall be required l ^f u -^ e of 
to be paid at such times and such instalments as the same may dollars. 
be needed to carry into effect the object of this act. Fund com _ 

Sec. 3. Said board of Fund Commissioners shall constitute missioned 
certificates of stock for the said loan or loans, to be called J X sW ^ e 
" the Illinois Bank and Internal Improvement stock," which Stock &•. 
shall be signed" by the governor, and countersigned by the au- b t e e rLtvoT' 
ditor and treasurer, with the great seal of state affixed thereto ; exceeding 
bearing interest not exceeding six per centum per annum, pay- 6 pJ^ ce c s e7 J' 
able semi-annually at either of the banks hereinafter named, or which the 
either of their branches, or at some bank in the city of New s b ^ me a ^ ay 
York, Philadelphia, Boston or Baltimore, or either, as may be Faith of 
agreed upon, and reimbursable at the pleasure of the state at th f e f*l e dto 
any time after the year one thousand eight hundred and sixty, redeem said 
and the faith of the state is hereby irrevocably pledged for the si °ckand^ 
payment and redemption of the stock hereby created, and the terest. 



108 BANKS. 

interest accruing thereon. Said board of Fund Commissioners 
shall take and use all proper means and measures for the trans- 
ferring of said stock. 

Sec. 4. It shall be deemed a good and valid execution 
of the power to borrow herein conferred, for the said fund 
commissioners to cause the said certificates of stock, when 
created, to be sold ; Provided that the said stock shall not, in 
any case, be sold for less than its par value. 

Sec. 5. It shall be the duty of the said board of Fund Com- 
IcHbe'on missioners, to subscribe on behalf of the state the two millions * 
behalf of of dollars stock, as provided in the first section of this act, to 
sfooo'ooo of tne State Bank of Illinois and pay such per centum on every 
stock of one hundred dollars so subscribed at the time of subscribing, 
To te a B such as snau k ave Deen P a ^ ^Y eacn stockholder on each and every 
percent, on share owned by him, and thereafter pay such instalments as 
lubslnbers nia y ^ e ^ ue on eacn one nun dred dollars, at the same times 
pay. and in the same proportions, and under such regulations as 

now are or hereafter may be required of and adopted in rela- 
tion to the individual stockholders on each share respectively 
v forfeit * ie ^ ^y them ; Provided nothing herein contained shall authorize 
ure'of stock a forfeiture of any interest of the state in said bank in any 

S °d S h bS ub b ~ w * se WDatever t0 tne sa id bank. 

incurred. Sec 6. Said board of Fund Commissioners shall, so soon as 
Commis- notified by the Bank of Illinois at Shawneetown, of their accept- 
ThaUsub- arice an ^ consen t to the provisions of this act, as provided for 
scribe in the first section of this act, subscribe on behalf of the state 
1,000,000 £ ()r one m jUj on of stock authorized to be subscribed by the first 

when noti- . . . . J ■ ■ 

fed by mi- section oi this act, and shall in all respects observe and con- 
nojs Bank f orrn t0 tne provisions of the fifth section of this act, which 

of accept- * » . 

ance. are hereby expressly made applicable to their proceedings 

Remain- under this section, the proviso inclusive ; the remaining four 
% to%eTub- Q hundred thousand dollars may be divided into shares, and sub- 
scribedas scribed for, governed, and regulated in all respects as provided 
other slock. f or ^ t j ie or igi na ] anc | supplemental acts incorporating and ex- 
tending the charter of said Bank of Illinois at Shavmeetown. 
Commis- Sec 7. For the purpose of carrying into effect the provi- 
Idisaid^ s ^ ons °f tne * ast two sections, said board of Fund Commissioners 
stock. may, from time to time, sell and dispose of the certificates of 

stock authorized to be issued by the second and third sections 
of this act, as the money may be needed from time to time. 
Additional Sec 8. In addition to the nine directors authorized to be 
be Appoint- elected by an act entitled " an act to incorporate the sub- 
edbythe scribers to the Bank of the State of Illinois," there shall be 
legislature. e i ectec i biennially by joint vote of both branches of the legisla- 
Their poic- ture, five other directors, who shall be citizens of this state, and 
e™ and du - whose rights, powers and duties shall be in all respects the 
Additional same as those of the directors chosen by the stockholders. 
directors s ECt 9 There shall be elected biennially, by joint vote of 

pointed by both branches of the General Assembly, nine directors of the 
the legisia- B a nk of Illinois at Shawneetown, whose rights, powers and 
Bank of lb- duties shall be in all respects the same as those of the directors 



chosen by the stockholders of said Bank of Illinois at Shawnee- 
tuwn. nc town. There may be established by the said Bank of Illinois 



linois at 
Shawnee- 



BANKS. 109 

at Shawneetown, three offices of discount and deposite, within the ^^Zt 
State, whenever the interest of the community or Bank require xtiishqfflces 
for the purpose of discount and deposite, and the transaction of"-/ , diS ?™ nt 

r 1 liii r i i i i 'i ana aepob- 

such other business as may be legally confided to them by said ue. 
bank, under the provisions of its charter and this act ; and to commit 
the management of all the aforesaid offices of discount and deposite 
under such regulations as they shall from time to time think pru- Onetobp 
dent to adopt, to such number of persons as they shall choose, one established 
of which offices of discount and deposite shall be permanently es- oiJackson- 
tablished at Jacksonville, with such amount of capital as the moth- 
er bank can safely supply under the provisions of this act, and an- 
other of said offices of discount and deposite shall be established at One at 
Lawrenceville and one at Alton, and in addition to the offices o( vi c i l l ^ r a e ^ e ' 
discount and deposite as aforesaid, the said bank may establish two one at Ai- 
other offices of discount and deposite at such time and places, as on ' 
may be deemed for the public interest. 

Sec. 10. The dividends and profits declared and accruing upon, Dividends 
and from the stock, by the provisions of this act, authorized to be "^^ 
subscribed on behalf of the State in said banks, shall first be ap- stock shall 
plied to the payment of the interest upon the loan or loans autbor-J 1 !?**? fi 
ized by the provisions ot this act, as the same becomes oue^ and payment of 
the balance together with the premiums that shall be realized by intereH 
the sales of certificates of stock herein authorized to be made, shall ^BaiancT" 
constitute a fund for, and be applied to, the payment of the inter- andthepre- 
est which may be or become due and owing upon the loans effect- pay interest 
ed under the authority of an act entitled an act to establish and on Vernal 



improve- 
ment loan. 



maintain a general system of Internal Improvement, and shall be 
held inviolably, and applied solely for that purpose and none other. 
And the said board of Fund Commissioners shall adopt such meas- 
ures as may be most expedient and proper for the payment of the vo ^ r f 
interest of the said loans when due, and whatever balance of said of the board 
dividends and profits as may remain from time to time after tbe/^-Jj^ 
payment of the interest as aforesaid, may be deposited by said sioners. 
board of Fund Commissioners in any bank or banks of this State, f a f Q ^ c lt e e in 
at such rates of interest as may be agreed upon until the same may bank. 
be wanted, said banks to facilitate the transaction of the purposes ^nL°'re- 
contemplated in this section, opening therefor a separate account ceiving 
to the credit of such deposites with said board of Fund Commis- s ^ h de P 0S - 
sioners. 

Sec 11. Said board of Fund Commissioners may deposite ^^onl™' 
with the said banks, with reference to a fair distribution of the may depos- 
benefits of said deposites to the different sections of the Slate, all jJj^SJ* 8 
the funds borrowed under an act entitled an act to establish a gen- borrowed 
eral system of Internal Improvement, and all other monies provi- un f I f r th f h 
ded for the use of the fund created by the act the title of which lish and 
is hereinbefore last recited, not otherwise disposed of by law, mai7ltain a 
until the same may be wanted in the progress of the works, or for %ys£em of 
the objects contemplated by said act, the said board of Fund Com-* r, ' miaZ 

• i- • • i if ■• \ r -l-i i^i improve- 

missioners obtaining such rates ot interest irom said banks ior ihementand 
use of the same, as may be agreed upon, and said deposites shall other funds 
be subject to the drafts and checks of said board of Fund Com- agree vpon 
missioners, whenever the same may be needed in the progress of [derates of 
said works, or for the objects contemplated by said act, payable ^StZmks. 



quarterly 
statements 
of its condi 
tion to the 



110 BANKS. 

Depositee whenever they may direct. Said bank shall in all respects be, and 
jed to draft they are hereby constituted, made and appointed the fiscal agents 
Bankssha/i f the State iii the collection, receipt, transfer, and disbursement 
agents of of the Internal Improvement funds, subject to laws now in force, 
the State. an d hereafter to be made. 

Bank shall Sec. 12. Said bank shall furnish the said board of Fund Com- 
"nZtrtPTiv m ' ]SSl0ners quarterly with statements of the amounts of capital Stock 
actually paid into their respective vaults, of all the debts due and 
owing to the said banks, of all the monies remaining on deposite, 
board. "* public and private, of all the notes of said banks outstanding and 
in circulation, the specie on hand or account of the same, together 
with all such other matters and things as may pertain to, and are 
Shall fur- connected with, the condition and solvency of said bank ; they 
nishsame sna ]] a ] so ] av before each house of the General Assembly, at every 
asfembly,at regular and called session 'within ten days after the meeting thereof, 
regular a general statement embracing all the information and facts con- 

and called . ~ , • . • , i r • 

sessions. tamed in the said quarterly reports. 

Notesof Sec. 13. All notes issued by said banks or their branches, or 
Bank shall offices of discount and deposite, payable on their face elsewhere 
whenr tnan ' n tms State, shall be nevertheless payable at the said banks 
issued. or branches, or offices of discount and deposite, which may have 
issued the same, in the same manner and under the same responsi- 
bilities as now are or hereafter shall be the notes of said banks or 
branches, or offices of discount and deposite, issued by them and 
General made payable at their counters. 

assembly g ECt j 4. The General Assembly shall have the right to exam- 

theris-htby ' ne D y committee into the condition of said banks and their several 
its commit- branches and offices of discount and deposite, and all the books 
aminelhe an d accounts of said banks necessary to the examination hereby 
bank and authorized, shall be submitted to any committee which may be ap- 
$md pointed by the General Assembly for that purpose, and the Fund 
Commis- Commissioners shall also have the right to make a like examination 
examined mt0 lne condition of each of said banks, and they are required to 
Required to moke biennial examinations thereof, and make reports to each 
lnrdaUy bl ' sesslon °f tne General Assembly, which may be held after the 
and report, making of such examinations. 

icJe% b prt- $ EC * 15 - Tnat 'f the banks m tm 's act mentioned should accept 
visions of the provisions of this act in the manner prescribed herein, during 
^Governor 16 ' me recess of the Legislature, it shall be the duty of the Governor 
shall ap- to appoint the directors upon the part of the State, who shall con- 
pomt direc- ^[ ime \ n ffi ce un ti] their successors shall be elected, as prescribed 
Any banks in this act, and the provisions of this act shall be considered as 
ruimedmaj a PP nca0 ' e 3 jointly and severally, to said banks, and either of them 
accept pro- may accept the same. 
^ions of Approved, March 4th, 1837. 

this act, ' 



BANKS. Ill 



JIN J1CT to provide' for the safe keeping and security of the In force Uh 
Public Money. 1837. ' 

A udilor 

Sec. 1. Beit enacted by the people of the stale of Illinois, repre- traci ^h 
sented in the General Assembly, That the Auditor of • Public Ac- state bank. 
counts shall contract with the President and Directors of the State rece i veon 
Bank of Illinois, to receive upon deposite and disburse the revenue deposite at 
of the State upon the terms and conditions following : o-overn- 

First. The bank shall open and keep accounts in the name of merit, all 
the State of Illinois, and receive upon deposite in their branch at ^J^raS- 
the Seat of Government all money paid into the State Treasury, ury, and at 
and receive upon deposite at their principal bank, and the other b J h n er ° b r rariC h 
branches, all money which may be deposited in the said principal es all mo- 
bank or any branch thereof, by any collector or agent of the ™™j{ col ~ 

State. Bank to 

Second. The bank shall be bound to pay out the money depos-^ ^^ 
ited as aforesaid, either at the principal bank or any branch thereof, vponwar- 
upon the warrant of the Auditor of Public Accounts. dlior^ aU ' 

Third. The bank shall be bound where money is deposited by Shaiigive 
the Treasurer, or any officer or agent of the Stale, to give a cer- ce ^)fi cate 

<* -i • • v 1 -i c i of deposite 

tificate 01 deposite, or receipt ior the same in the name 01 the for all sums 
State of Illinois. nothaT^ 6 

Fourth. The bank shall make no charge against the State for }ordis° 
receiving and disbursing the revenue as aforesaid. bursing 

Sec. 2. Upon making the contract aforesaid, the Auditor shall Auditor 
notify the Treasurer thereof, aud the Treasurer shall, without &q~ shall notify 
lay, deposite in the branch of the State Bank of Illinois at Vandalia Treasurer 
all money and bank notes in his possession belonging to the State, sha! } de - 
and, at the end of every week thereafter, deposite in the said Vandalia 
branch bank all money and bank notes received by him during the every week. 
preceding week, and take certificates of deposite or receipts for certificates. 
the same. 

Sec. 3. After the contract shall be made with the bank as here- Warrants 
in required, all warrants issued by the Auditor shall be countersigned [^3"" 
by the Treasurer as heret®fore, and shall be made payable either Made pay- 
at the principal bank or some branch thereof, to the order of the aU f^ th f 

■ " 1 c i i_ • 1 lii r principal \ 

person in whose lavor the same may be issued, and the place 01 bank or 
payment shall be at the option of the payee. b^d 

Sec 4. After making the contract aforesaid, it shall be lawful thereof. 
for any collector of public money, to deposite all money collected Certificates 
in the said State Bank or any branch thereof, and certificates of^ b ^ ep0Slte 
deposite or receipts in the name of the State of Illinois, shall be received by 
received by the Treasurer as cash. ihe treasur ~ 

Sec. 5. When the Treasurer shall make his monthly reports to Treasurer 
the Auditor as required by the act entitled an act to consolidate the shall detiv- 
acts relative to the Auditor and Treasurer, and election of Attorney ZiteTof'de- 
General, approved on the second of March one thousand eight posite 'or 
hundred and thirty-three, he shall deliver to the Auditor certificates ^^and 
of deposite or bank receipts for all money paid into the Treasury Auditor 
during the preceding month. The Treasurer shall be entitled to a fj^ifiw 

1 • /• t /• • 1 • r* /US 1 cLCljJL 

credit lor the amount of said certificates and receipts, and the Au- for same. 
ditor shall give a receipt for the same. 



112 BANKS. 

Auditor to g EC> 5. The Auditor shall settle the accounts of the State with 

bank quar- the bank quarterly ; the bank shall be charged with all certificates 

terly, shall f deposite and receipts which may have been delivered to the 

dte ofbal- Auditor by the Treasurer, and shall be credited by all warrants 

ance . paid, and if a balance be found against the bank at any such settle- 

bank^c 6 ment, the Auditor shall take a certificate of deposite therefor, and 

if a balance be found against the State, the Auditor shall issue a 

warrant, to be countersigned by the Treasurer, in favor of the bank 

for such balance. At every such settlement, the certificates of de- 

Auditorto P os ' te ana " receipts shall be returned to the bank, and the warrants 

publish paid by the bank shall be returned to the Auditor, and immediately 

quarterly a f ter eveT y settlement with the bank as aforesaid, the Auditor shall 

cause a statement of the amount of money received and paid out 

during the preceding quarter, to be published in the newspaper 

published by the public printer. 

Sec. 7. If the Treasurer shall at any time fail to make a month- 
cr shaUflii ty* report to the Auditor as required by law, and if it shall appear 
to report to from any monthly report made by him, or from any settlement made 
Auditor' w * m tne bank, that the Treasurer is in default to the State, the 
shall give Auditor shall give information thereof to the Governor, whose duty 
"the^Gover- n sn aU De to cause suit to be instituted upon the bond of such 
nor who Treasurer, and to coerce payment of all sums of money recov- 

shall cause ■ i 
suit upon C1L - U - 

the bondof Sec. 8. Suits may hereafter be instituted and maintained upon 
Treasurer. Treasurers bonds against the Treasurer and his securities, or against 
the Treasurer or any one of his securities, without first establish- 
ing the liability of the Treasurer by obtaining judgment against him 
alone. 
Shall not Sec. 9. The provisions of this act shall not apply to or affect 
afedthe t | ]e disposition of any money which may be received by the late 

disposition rT , ' r t' xt •■ i <a ii • • r i 

of money treasurer trom the United States, under the provisions ot the act 
received of Congress of the United States regulating the deposites of the 
ted'stateT. public money, nor any monies borrowed for purposes of Internal 
Improvement. 

Sec. 10. The 20th section of the act entitled an act to consoli- 
20th sec. q/^ate the acts in relation to the Auditor and Treasurer, and election 
atrepeae ^ Attorney General, approved March 2d, 1833, is hereby re- 
pealed. 

Sec 11. This act shall take effect on the passage thereof. 

Approved, March 4th, 1837. 



In force AN AC T supplementary to an act to increase the Capital Stock 
1837 JabJ ' °f CBrfofa Banks, and to furnish means to pay the interest on a 
loan authorized by ar act entitled u Jin act to establish and main- 
tain a General System of Internal Improvements, approved 
March 4th, 1837."' 

Sec 1. Be it enacted by the people of the slate of Illinois, re- 
presented in the General Assembly, That the stock authorized to be 



BANKS. 113 

subscribed to certain banks, by the act to which this is a supple- ^°f ^ 
merit, shall not be alienated before the complete redemption of the pledged to 
bonds or certificates of stock authorized to be sold by said act : redeem any 
Provided, That if upon the falling due of any of the principal of f or j nter . 
said bonds or certificates, that it shall be lawful for the State to sell nal Im - 
a sufficient portion of said stock for the payment of said bonds or ^Proviso. S 
certificates. state m fV 

Approved, 21st July, 1837. $%*i* 

when the 
same be- 
comes due. 



JIN ACT to suspend, for a limited time, Certain Laics in relation in force 
to the Banks in this State, 21s * J uly, 

1837. 

Sec. 1. Be it enacted by the people of the State of Illinois, rep- 
resented in the General Assembly, That every provision of law, Force of 
requiring or authorizing proceedings against any bank in this State, to ™ re - 
with a view to forfeit its charter, or wind up its concerns, or which % U nks sus- 
requires said bank to suspend its operations and proceedings, in P en deda 
consequence of its refusal to pay its notes or evidences of debt in time. 
specie is hereby suspended until the end of the next general or 
special session of the General Assembly, unless the banks shall 
have generally resumed specie payment at: an earlier date, in which & uh J °f 
case the Governor shall give notice thereof by proclamation, and Duty of 
the said bank shall, within twenty days thereafter, also, resume bank to re ; 
specie payments : Provided, however, That to secure the benefit payment™ 6 
of the foregoing provision, said bank shall agree to conform to, and Conditions, 
comply with, the following conditions, restrictions and limitations, limitations'. 
viz : 

First- — That it will not, either directly or indirectly, divide or First. 
pay among its stockholders, or to any person for them, any divi- 
dends, interest, or profits whatever, until it shall bona fide resume 
the payment of its notes and evidences of debt in specie ; which 
dividends shall be retained in bank as an additional security to the 
holders of its notes. 

Second — That it will not, directly or indirectly, during the sus- second. 
pension of specie payment, sell, dispose of, or part with any of its 
specie, or gold or silver bullion, except for the pui poses of change 
to the amount of five dollars, or under the sum of five dollars. 

Third — That it will furnish monthly, upon the oath of its presi- Third. 
dent or cashier, to the Executive of the State, a full and complete 
statement of the condition and financial operations of said bank and 
branches, which shall be published in the newspaper of the State 
printer. 

Fourth — That it will not, directly or indirectly, issue or put Fourth. 
into circulation, during the period of its suspension of specie pay- 
ments, any bank bill or note, or any evidence of debt by which the 
amount of its circulation shall be increased beyond the amount of 
capital stock actually paid in by the stockholders. 

Fifth — That it will receive upon deposite any funds belonging Fifth. 
to the State, which may be required to be so deposited, and pay 
15 



114 BANKS. 

the same out upon the order of the proper officer, or agent of the 
State, in kind, free from charge ; and also all funds heretofore de- 
posited by the State. 
Sixth. Sixth — That until the banks shall resume specie payments, citi- 

zens and residents of this State, who are indebted to them upon 
notes heretofore discounted, shall be allowed to pay their debts in 
instalments, at the rate of ten per cent, upon each and every re- 
newal of the amount originally due, upon condition that such debt- 
ors shall execute new notes, with satisfactory security, and pay the 
aforesaid per cent, and the interest in advance, according to 
Proviso, the usage and custom of banking. Provided, That this section 
shall not apply to notes or bonds assigned or endorsed to the 
bank. 
Seventh. Seventh — That any violation of the provisions of this act, or any 

failure to comply with and conform to the same, shall subject the 
bank in default to a forfeiture of its charter. 
Duh j. Sec. 2. Whenever any bank shall accept the provisions of this 

presidentof act, and the president thereof shall furnish the Governor with a 
nurnilh o cert i ncate °f the ^ act °f sucn acceptance, under their corporate 
vemor with seal, the Governor shall issue a proclamation, stating the fact of 
certificate. suc \ l acce ptance : and from and after the date of such proclama- 
shall issue tion, such bank shall be considered as being entitled to all the 

prodama- benefits hereby conferred, and bound by all the conditions, restric- 
tion. . , ,. . " . , , J J 
tions and limitations herein contained. 

D . ,, f Sec 3. This act shall not be construed so as to impair any 

Rights of . *• t . - . . r J 

individuals rights required by individuals, or to exonerate the bank irom any 
n °t im P air - liability to the holders of its notes, for the non-payment of the 

ed by this J . . „ , . i u r i n 

act. same ; and the provisions oi this section shall apply as well to 

notes heretofore issued as to notes which may hereafter be 
issued. 

Approved 21st July, 1S37. 



BANK DEBTORS. * 

„ „ AN ACT for the benefit of bank debtors* 

In force J J J 

Feb. 14, 

1835. Sec. 1. Be it enacted by the people of the State of Illinois, 

represented in the General Assembly, That every person indebted 
to the State Bank (cashiers, purchasers of bank property and 
Interest collectors, excepted,) shall be allowed to pay such debt or debts- in 
and part of three annual instalments, and that all interest now due, and twenty- 
remitted. nve P er cent °f me principal, shall be remitted. 
Persons ^ Ec * ®' '^ nat a ^ persons desirous of taking the benefit of this 

desiring to act, shall apply to the Treasurer of the State, or any other collector 
^cmUof or a § ent of die said State Bank, and cancel all obligations of in- 
ihisact, debtedness subsisting between such persons and the Bank, by 
kowtopro- giving their promissory notes, under seal, with approved security, 

* See " State Bank." 



CANAL COMMISSIONERS. 115 

payable as provided in the first section of this act, to the governor 
of the state for the use of the people of the state ; and all pro- 
missory notes or other obligations thus executed, shall be in con- 
sideration of the forbearance and indulgence herein extended, and 
no plea to the consideration or the constitutionality of the bank, shall 
be considered valid in law, or received in any court, before which 
actions may be brought for the recovery of the debts or obligations 
hereby created. 

Approved Feb. 13, 1835. 

NOTE. This act relates only to the Old State Bank. 



CANAL COMMISSIONERS. 
JIN ACT to abolish the office of Canal Commissioners. in force 

March 1, 

Sec. 1. Be it enacted by the people of the State of Illinois, re- 
presented in the General Assembly, That the oflice of canal com- „ c f 
missioners, created by an act entitled " An act to provide for canal com- 
constructing the Illinois and Michigan canal," approved January JjjJJJJjj^ 
22, 1829, and further by an act entitled " An act to amend c an act 
to provide for the construction of the Illinois and Michigan canal,' " 
approved February 15, 1831, be, and the same is hereby abolished. 

Sec 2. The board of canal commissioners shall, as soon as 
maybe, pay over and deliver to the treasurer of this state, all shall de- 
moneys in their possession, belonging to, or connected with said liver over 
canal fund ; and shall in like manner, deliver to the auditor of books°, n ^c! 
public accounts, the books, papers, and vouchers, belonging to, or intheir^ 
connected with said board of canal commissioners, to be filed and P ossesswn - 
preserved in his office. 

Sec 3. And the treasurer of said board shall, in like manner, 
deliver and pay over to the # treasurer of this state, all moneys in his Treasurer 
hands belonging to the canal fund ; and shall also deliver over to of canal 
the auditor of public accounts all books, papers, and vouchers, dMver as 
having relation to the canal grant or fund, and the acts and doings above. 
of the said canal commissioners, in his hands, either as treasurer 
or secretary to the said board of commissioners, to be preserved 
as above. 

Sec 4. The auditor of public accounts, attorney general, and 
treasurer of this state, shall, immediately after filing said papers, Auditor, at- 
&c. proceed to examine and adjust the same; and if upon ex- j!™^ a j 
animation they shall find that any of the officers aforesaid have not and tream- 
faithfully and fairly accounted for, and paid over, all moneys which ^^/ r " s * 
have come to their hands by virtue of their said offices, or have of the said 
paid out any moneys not authorized by law ; that said auditor and l°™lers~and, 
treasurer shall cause suit to be commenced upon the official bond treasurer. 
of any such officer as aforesaid, as soon as practicable, and prose- Circuit 
cute the same with reasonable diligence to final judgment and layette 
execution ; and all moneys received from any of said officers shall county. 



116 CANALS. 

be deposited in the treasury of this state. The circuit court of 

Fayette county shall have and take jurisdiction of such suit, and 

for that purpose may direct all necessary process to any county in 

the state. 

Shaiirepcrt Sec 5 - ^ sna ^ ^ e tne duty °f tne auditor, attorney general, 

their pro- and treasurer to make and report a detailed statement of their 

\heTeSsia- P r °ceedings herein to the next general assembly of this state. 

ture. This act to take effect and be in force from and after its passage. 

Approved March 1st, 1833. 



CANALS. 

JIN ACT for the construction of the Illinois and Michigan 
In force, Canal. 

Jan. 9. 
1836. 

Sec. 1. Be it enacted by the people of the State of Illinois, re- 

Governor presented in the General Assembly, That the governor of this state 

authorized be, and he is hereby, authorized and empowered to negotiate a 

a loan on 6 loan on the credit and faith of this state, as hereinafter provided, 

the faith of h? the purpose of aiding in connection with such other means as 

may be hereafter received from the government of the United 

States, in the construction of the Illinois and Michigan Canal, a 

sum not exceeding five hundred thousand dollars, which shall be 

required to be paid at such times and by instalments, as the same 

may be needed in the progress of the said w T ork, as near as the 

same can be estimated. 

Sec 2. The governor shall cause to be constituted certificates 
Certificates °^ st °ck for the said loan, to be called the " Illinois and Michigan 
of stock. Canal Stock" signed by the Auditor, and countersigned by the 
Treasurer, bearing an interest not exceeding six per cent, per annum 
payable semi-annually, at the bank of the state of Illinois or any of 
its branches, or at some bank in the cities of New York, Philadel- 
phia, Boston or either, as may be agreed upon, and reimbursable 
at the pleasure of the state, at anytime after the year one thousand 
eight bunded and sixty, and the faith of the state is hereby irre- 
Faithof voc ably pledged for the payment of the stock hereby created, and 
the state the interest accruing thereon. 

P e s e ■ g FC> 3_ The governor shall take and use all proper means and 

Transfer- measures for the transferring of die said stock. 
ir ?k Sec. 4. It shall be deemed a good execution of the said 

power, to borrow, for the governor to cause the said certificates 
of r stockto S °f stock? when created to be sold ; Provided, that the said stock 
be sold. shall not in any case be sold for less than its par value. 

Sec. 5. It shall be the duty of the governor to cause the said 
Monies to momes fr° m l ' me t0 time, when paid or advanced, to be deposited 
be deposited \n some safe bank or banks until wanted for use, at the best in- 
heres? '** te rest that can be obtained tor it, to be drawn out as hereinafter 
provided, taking therefor the proper securities for the safe keeping 
of the same. 



CANALS. 117 

Sec. 6. The money thus loaned, the premiums arising from Whatcon- 
the sale of any stock thus created, the proceeds of the canal lands f^f'L^ 
and town lots, and all of the monies in any way arising from the 
contemplated canal, shall constitute the canal fund, and shall be 
used for canal purposes, and for no other whatever, until the said 
canal shall have been completed ; Provided, that nothing herein Proviso. 
contained shall be so construed as to prevent appropriations from 
being made, out of the said fund for semi-annual payment of the 
interest upon the canal stock herein authorized to be created, and 
the governor is hereby authorized to cause the said interest, to be 
paid out of the said fund. 

Sec 7. The governor of this state by and with the advice of Governor 
the senate, shall appoint three practical and skilful citizens of this fo appoint 
state to constitute a board, to be known by the style and descrip- 
tion of "the Board of Commissioners of the Illinois and Michigan 
Canal " and he shall designate one of said commissioners to be 
president thereof, one to be treasurer and one to be acting com- 
missioner ; whenever any vacancy shall occur in the said board of 
commissioners by death resignation or from any other cause the Vacancy, 
governor of this state shall fill such vacancy during the recess of ow J 1 e • 
the legislature, and the governor shall have power to remove 
from office any canal commissioner for good cause which he 
shall make known in a communication to the next ensuing General 
Assembly. 

Sec 8. The board of commissioners to be appointed as afore- Term of 
said shall hold their office until the first Monday in January servue - 
1837, and thereafter the said board of commissioners shall be 
biennially appointed in such manner as the legislature may from 
time to time direct. 

Sec 9. The acting commissioner shall be allowed a salary of Salary. 
twelve hundred dollars per annum, and the rest of the board shall 
each be allowed a compensation of three dollars per day while 
necessarily employed in the business of the canal. 

Sec 10. The said board of commissioners is hereby constitu- incorpora- 
ted a body politic and corporate with full power and authority in ted - 
their corporate name to contract and be contracted with, sue and 
be sued, defend and be defended, plead and be impleaded, in all 
the matters and things relating to them as canal commissioners, 
and they shall have and use a common seal of such device as the 
governor may direct. 

Sec 11. The board shall appoint a secretary, whose duty it To appoint 
shall be to keep a true record of all their proceedings ; they shall a secretar y- 
hold quarter yearly meetings, and special meetings whenever any 
two of them, or the acting commissioner may desire it, any two 
of them shall constitute a quorum to do business. 

Sec 12. Before entering upon the duties of their office each Commis- 
of the said commissioners shall make oath or affirmation, faithful- 
ly, honestly, and truly to execute and discharge all the duties and 
obligations herein imposed upon them, and each of them as canal 
commissioners, and they shall severally give bonds to the governor 
and his successors in office for the use of the slate, in the sum of 
ten thousand dollars with sufficient securities, for the faithful dis- 
charge of the duties imposed upon them by this act ; Provided, Proviso. 



sioners 
sworn. 



113 CANALS. 

that the governor may at any time require additional bonds of said 
treasurer, whenever he may think that the safety of the funds re- 
quire it. 
When Sf.c. 13. Whenever all or any part of the money upon any 

money due conlrac t s hall become due, it shall be the duty of the treasurer to 
may draw draw his warrant or check, therefor in favor of the contractor, 
tank ° n u P on l ^ e ^ an k or banks in which the canal fund shall have been 
Amended* deposited, which warrant or check, shall be countersigned by the 

acting commissioner and shall be under the seal of the board. 
Commis- Sec 14. It shall be the duty of the acting commissioner to 
sioners to obtain from the cashier of the bank, or banks, in which the said 
quarterly, fund- shall have been deposited, a quarterly report, exhibiting a 
report from true account of all monies received in deposite on account of the 
layitbefore canal fund and paid out of the said fund during the previous quar- 
board. ter, which report shall be laid before the board of canal commis- 
sioners, and within twenty days thereafter, shall be examined by 
the said board, and compared with the accounts of the treasurer 
and an entry shall be made in the books of the said board that the 
said examination has been made by them, and that the two ac- 
counts correspond, if such be the case, and each commissioner 
present shall sign his name to the record of such examination. 
Commis- Sec 15. It shall be the duty of the acting commissioner; 
s ™ntract°for * st - To make under the direction of the board, all necessary 
materials contracts for the supply of material, and the performance of 

and labor. ]abor# 

Conduct of 2nd. To inquire into the official conduct of the agents, clerks, 
all officers, superintendents, and all subordinate officers and tD receive and 

hear all complaints that may be preferred against them. 
To enforce 3d. To enforce the faithful execution by all persons concerned, 
duties. f tne duties and obligations imposed upon them by this act. 

lo examine ^lm r i i r vi • i C 1 

state of 4th. lo examine frequently and careluJly, into the state of the 

canal and canal, and the progress of the works thereon. 

in^endmice' 5th. To have the immediate care and superintendance of the 

l if reo f' canal and all matters relating thereto. 

tion? VP ~ Sec. 16. The said canal shall not be less than forty-five feet 

wide at the surface, thirty feet at the base, and of sufficient depth 
to injure a navigation of at least four feet, to be suitable for ordi- 
nary canal boat navigation, to be supplied with water from Lake 
Michigan and such other sources as the canal commissioners may 
think proper, and to be constructed in the manner best calculated 
to promote the permanent interest of the country ; reserving 
ninety feet on each side of said canal, lo enlarge its capacity, 
whenever in the opinion of the board of canal commissioners, the 

Proviso, public good shall require it ; Provided, that all persons who have 
purchased, or shall hereafter purchase lands fronting the said canal 
shall be permitted to lease from the said board the said reserved 
ground on each side of said canal, from year to year, or until the 
said ground shall be wanted to enlarge the capacity of said canal, 
for the best price that can be obtained, to be paid into the canal 
fund. 

* Sec act of March 2d, 1S37. 



use 

lands water 



CANALS. 119 

Sec. 17. They shall take efficient and proper measures for the Measures 
immediate construction of the said canal ; shall put such parts of-^™°?" 
it as they may deem proper under contract as herein provided and 
shall have the general care and superintendance thereof. 

Sec. 18. They shall inspect and examine into the accounts, Furnish 
books, state of the treasury, and all of the proceedings of the means - 
treasurer and of the acting commissioner. 

Sec. 19. They shall furnish the acting commissioner with all Powers. 
proper means and facilities, that may be necessary to enable him 
to discharge the duties herein imposed upon him. 

Sec. 20. They shall have full power and authority in their May 
good judgment to do, in relation to the construction and comple- stream 
tion of the said canal, all things, not otherwise herein provided 
for. 

Sec. 21. It shall be lawful for them to enter upon and use any 
lands, water, streams and materials of any description necessary 
for the prosecution of the works contemplated by this act. 

Sec. 22. They may employ such and so many, agents, engi- To employ 
neers, surveyors, draftsmen and other persons as they may judge ^fneers.™' 
necessary to enable them to discharge their duties as commission- 
ers, and may pay such compensation as they shall judge reasonable 
to each person so employed. 

Sec. 23. Public notice shall be given of the time and place Notice of 
at which proposals will be received for entering into contract ; e _ rtterin S' 
which notice shall be previously published for at least six weeks, tracts. 
in a newspaper printed at Chicago and in such other papers either 
in this state or elsewhere as may be deemed proper. 

Sec. 24. Proposals for contracts shall be sealed and shall be Proposals. 
for a sum definite and certain, as to the price to be paid or re- 
ceived, and shall be let to the lowest and most responsible bidder, 
accompanied with good and sufficient security for the faithful per- 
formance of such contract. 

Sec. 25. And it shall be the duty of the commissioners to let To let out 
out all contracts for labor on conditions to be expressed in the contrads - 
contracts, as will authorize said commissioners to declare all con- 
tracts to be abandoned and to re-let the same to more efficient con- 
tractors, whenever in the opinion of the acting commissioner, or the 
principal engineer on the work, the contractor or contractors refuse 
or neglect to prosecute his or their contract, with a force pro- 
portionate to the amount of work to be performed and the time 
within which the same, by the terms of the contract is required to 
be completed ; and in all cases where an unfinished contract shall 
be declared to have been abandoned as aforesaid, the per centage 
on the amount of work performed, which the commissioners are 
required to retain until the completion of the job, shall be forfeit- 
ed to the use of the canal fund. 

Sec. 26. All contracts concerning the contemplated canal Contracts to 
shall be made in writing, under the seal of the board, and of each he ret ^ rn ^ d 
contract, three copies shall be executed by the parties one of 
which shall be retained by the board, and one shall be immediately 
forwarded to the auditor of public accounts, and by him filed in his 
office. 

Sec. 27. All materials procured or partially procured under Materials 



120 



CANALS. 



exempt 
from exe- 
cution. 



Death of 
contractors 



Proviso. 



Rules and 
regula- 
tions. 



To be 
ed. 



Filed in 
Auditor'* 

office. 



To select 
canal route, 
town site 
and lay off 



To sell lots 
in Chicago 
and Ot- 
towa. 



Proviso. 



any contract with the commissioners, shall be exempt from exe- 
cution ; but it shall be the duty of the commissioners to pay the 
money due for such materials to the judgment creditor of the con- 
tractor under whose execution such materials might have been 
sold upon his producing to them due proof that his execution 
would have so attached, and such payment shall be held a valid 
payment on the contract. 

Sec. 28. Jn case of the death of any canal contractor who 
■ shall at the time of his decease, be indebted to any laborers for 
work done on the canal, it shall be lawful for the board, if they 
think proper to pay such laborers out of any money that may be 
due to the deceased contractor, and the receipt of such laborers 
shall be a good voucher in offset to the sum due the deceased con- 
tractor, from the board, on the final settlement between them and 
his executors or administrators ; Provided, that the said persons 
shall first obtain a judgment against the administrator of such de- 
ceased contractor, and produce a certificate from the court, judge 
or justice of the peace, that the judgment was rendered for work 
done on the canal or for materials furnished therefor and for no 
other cause. 

Sec. 29. The board shall from time to time make such rules 
and regulations, not inconsistent, with the laws of this state, in 
respect to the persons employed about the canal, injury done to 
the said canal or locks, and the management and navigation of the 
same, and impose such forfeitures of money for the breach of 
such rules and regulations, as they may judge reasonable, but 
no forfeiture imposed, shall lor a single offence exceed the sum 
of fifty dollars over and above the amount of actual damage done. 
Sec 30. They shall cause a sufficient number of such rules 
and regulations to be posted up for public inspection, and shall 
transmit a copy of them, from time to time to the governor, as 
they may be made, in their next quarterly and annual reports. 

Sec 31. All rules, regulations, and forfeitures, established by 
them as aforesaid, shall be filed in the office of the auditor, and a 
copy thereof certified by him under his hand and seal of office, 
shall be received in all courts of law ?.s due proof, that such 
rules, regulations and forfeitures were by them established. 

Sec 32. The commissioners shall examine the whole canal 
route, and select such places thereon as may be eligible for town 
sites, and cause the same to be laid off into town lots, and they 
shall cause the canal lands in, or near Chicago, suitable theiefor, 
to be laid off into town lots. 

Sec 33. And the said board of canal commissioners shall on 
the twentieth day of June next, proceed to sell the lots in the 
town of Chicago and such part of the lots in the town of Ottowa, 
as also fractional section fifteen, adjoining the town of Chicago, 
it being first laid off and subdivided into town lots, streets, and 
alleys, as in their best judgment will best promote the interest of 
the said canal fund ; Provided always, that before any of the 
aforesaid town lots shall be offered for sale, public notice of such 
sale shall have been given in such newspapers, not less than five 
in number, including the one printed at Vandalia, either in this or 
other states as the board may think best, at least eight weeks prior 



CANALS. 121 

It) any sale ; Provided further, that if no sale be made on the day 
herein named, such sale may be made at any time thereafter, upon 
giving the notice and upon the terms herein required. 

Sec. 34. It shall be the duty of the canal commissioners, before To make 
the day appointed for any sale of lots- to make a list of the lots in- Zf^J!^ ^ 
tended to be offered, describing them by their numbers, and value, 
each lot separately and certify the same under their hands and seals, Certify the 
which list and certificate shall be filed with the treasurer and m&> s ± ameioihe 

L 7* € (IS 11,7 '£7* 

served, and no lot shall be sold for less than the valuation ; and all 
lots remaining unsold shall be again advertised for sale in the man- 
ner aforesaid, and said commissioners shall continue from time to 
time to advertise for sale all lots remaining unsold, at any public 2nd sale. 
sale, until the whole shall be sold, and no lot shall be sold, except 
at a public sale, to the highest bidder ; Provided, that all persons Proviso. 
who may have made improvements upon any of the lots authorized i mp rove- 
to be sold, shall be permitted to remove such improvement at any merits may 
time before the day fixed for the sale of any such improved lots, bVfore°lale. 
being responsible for all unnecessary damage done or suffered by 
such removal. 

Sec 35. The terms of sale shall be as follows, to wit: one Terms of 
fourth of the purchase money to be paid in advance at the time of sale - 
purchase, and notes taken for the payment of the residue in three- 
equal annual instalments, bearing an interest of six per cent, per 
annum, payable annually in advance, and a failure to pay such in- 
terest or the residue of such principal within twenty days after the 
same or any instalment thereof becomes due, shall forfeit to the 
state for the benefit of the canal fund, the said lot or lots, and all 
claim thereon ; and if any purchaser before forfeiture, shall com- 
mit unnecessary waste, upon any lot or lots not paid for, he, she Waste, 
or they, so offending, shall be subject to an action at law for 
damages to said commissioners, and a certificate of the acting com- 
missioner of any forfeiture, shall authorize the sheriff of the proper 
county, with the posse comitatus, to give such board possession of 
such forfeited lot or lots, on behalf of the state, and the lot or lots 
so forfeited as aforesaid shall be re-sold without let or stay, extent 
of time or subsequent relief of any kind whatever, the same bring- 
ing the appraised value. 

Sec 36. In all sales of canal lots, the secretary and treasurer Secretary 
shall act as register, and receiver, and shall be governed by the ^re^to^'ct 
same rules, that now govern registers and receivers in the United as register 
States' land offices in this state, except as is herein provided. andrecew- 

Sec 37. It shall be the duty of the treasurer upon the payment Treasurer 
of the purchase money, to grant to the purchaser or purchasers, a ^fS^ 
certificate, containing a description of the land or lots purchased, ^Amended. 
and the price for which the same was sold, and shall forward a du- 
plicate of such certificate to the auditor of the state, who shall 
record the same ; and the person holding such certificate, shall 
upon presenting the same to the governor receive a patent for the 
land described therein, signed by the governor, and countersigned 
by the secretary of state, with the seal of the state affixed thereto. 

Sec 38. All monies paid to the treasurer for the purchase of Moneys ta 

* See act of Jan. 16, 1837, title " Conveyances.'" 

16 



122 



CANALS. 



be deposited 
in bank. 



No commis- 
sioner to 
purchase 
lands or 
lots. 



Commis- 
sioner to bid 
for lands or 
lots for the 
state. 



Proviso. 



Persons 
combining 
at sale not 
to bid 
against 
each other. 



Provi 



Revenue, 
tolls, 4*c. 
pledged. 



Make re- 
port to the 
governor 
quarterly. 



any canal lands or lots shall be by him immediately deposited in 
some bank, under the direction of the governor, for the payment 
of the interest of the canal loan, and for work done on the canal. 

Sec. 39. None of the board of canal commissioners shall be 
allowed to purchase any of the canal lands or lots herein authorized 
to be sold, nor shall they, or either of them directly or indirectly, 
be concerned in any such purchase or have any manner of interest 
therein, and all stiles in which the said commissioner, or any of them 
shall be in any way interested, shall be absolutely null and void, 
the purchase money shall be forfeited, and the land shall revert to 
the canal fund ; but said canal commissioners or either of them, are 
hereby required and authorized to bid for any tract or lot of land, 
so offered for sale, if in their opinion the interest of the canal fund 
requires it, and in such case the bid shall be in the name of such 
commissioner for the use of the state, and the said lot or tract shall 
revert by such bid to the state for the use of the canal fund, and 
shall be subject to sale thereafter, as other lots or tracts are now, 
or hereafter may be by law subject to sale. Any commissioner 
who shall be guilty of a violation of the provisions of this section, 
shall be deemed to have perpetrated a fraud, and upon indictment 
and conviction thereof, in any court having competent jurisdiction, 
shall be punished by forfeiture of his office, and fined in a sum not 
less than one thousand nor more than five thousand dollars ; Pro- 
vided, that, a prosecution for such offence shall be commenced, 
within ten years after the commission of the same. 

Sec 40. If any two or more persons shall combine themselves 
together for the purpose of lessening competition at the sale of any 
of the canal lands or lots, or if they shall agree or have any under- 
standing among themselves, that they will not bid upon one another, 
at any such sale for the purpose of obtaining the said canal lands or 
lots at a low price ; the same shall be deemed a fraud and any per- 
son or persons convicted thereof, in any court having competent 
jurisdiction, shall be fined in a sum not less than one hundred nor 
more than one thousand dollars, one moiety thereof, to the use ot 
the person informing, and the other moiety to the canal fund, and 
any patent issued for any lands or lots purchased as aforesaid shall 
be absolutely null and void ; the money paid therefor shall be for- 
feited, and the lands or lots so purchased shall revert to the canal 
fund. And it is hereby declared to be the duty of the state's attor- 
ney to prosecute for all such offences ; Provided, that all such 
prosecutions, shall be commenced within ten years after the com- 
mission of the offence. 

Sec 41. The revenue arising from the Illinois and Michigan 
canal, and from the lands granted, or that may hereafter be granted 
to the state of Illinois, by the Congress of the United States, for 
the construction of the said canal, and the nelt tolls thereof, are 
hereby pledged for the payment of the interest accruing on the 
stock, that may be created in pursuance of this act, and for the 
reimbursement of the principal of the same. 

Sec 42. The board of commissioners, shall, quarterly, viz : 
on the first Monday of March, June, September and December in 
each year, make a minute and particular report to the governor, 
which report shall set forth in a plain and intelligible manner, all of 



CANALS. 123 

their acts and doings in relation to the said canal, and the canal 
lands and lots, all of the money received and expended, the work 
done, and the price allowed for the various kinds of work, the con- 
tracts made, wilh whom made, and the security given, the number 
of engineers, draftsmen, clerks and agents, of every description by 
them employed, and the amount of compensation paid to each, the 
progress of the canal, their contemplated plans for the next three 
months, with an estimate of the probable amount of money, that 
will be required to be expended for canal purposes, during that 
time, together with such other matters and things as they may see 
fit to add ; and also the amount, time and rate of any loan made by 
virtue of this act, which report or the outlines thereof, the gover- 
nor shall cause to be published. 

Sec. 43. They shall annually on the first Monday of December, Annual re- 
make a report to the governor, setting forth all of their act and do-^ ori - 
ings in relation to the canal and canal lands and lots, during the 
previous year, in like manner as is required of them in their quar- 
terly reports, containing such statements and estimates for the year 
as their quarterly reports do for the quarter. 

Sec 44. The said canal shall commence at or near the town Commence- 
of Chicago, on canal lands and shall terminate near the mouth of ™ ent . and 
the little Vermillion in La Salle county and on land owned by the turn. 
state. 

Sec 45. The act, entitled an act for the construction of the Act repeal- 
Illinois and Michigan canal, approved February the tenth eighteen 
hundred and thirty-five, is hereby repealed, and any canal commis- 
sioner heretofore appointed under any law of this state be and the 
same is hereby declared to be out of office from and after the pas- 
sage of this act, any law to the contrary notwithstanding. 

Approved, Jan. 9, 1836. 



JIN JlCT to amend an act entitled an act for the construction of in force 
the Illinois and Michigan Canal, approved Jan. §th, 1836. flll° h 2dy 

Sec 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly, That there shall be elected at 
the present session of the legislature, by the joint vote of both Electionby 
houses, three practical and skilful citizens of this state, to constitute v £ e °f bo * k 
the Board of Commissioners of the Illinois and Michigan Canal, one three c'om- 
of whom shall be designated as the President, one as Treasurer, and missioners. 
one as the Acting Commissioner of said board. The said President f^Ue^f* 
and Treasurer, in addition to the other duties required of them, by President 
the act to which this is an amendment, shall also whenever the a £ d 

it i -i • li i i • i Treasurer. 

public good may require the same, exercise ail the duties and per- ShaUper . 
form all the services required by said act, of the acting com- form the 
missioners. Each and every one of the commissioners aforesaid, ^Ifi *^ 
when in the discharge of the duties of acting commissioner, shall Commis 
be subject to the order of the board. swner. 



124 CANALS. 

Duties of g EC< o. That it. shall be the duty of the commissioners author- 
missioners. ized to be elected by ihis act, to proceed immediately and without 
delay, to the prosecution and final completion of said canal, upon 
the plan proposed by the act to which this is an amendment, and 
Plan of upon the plan set out upon by the commissioners in the year 1836, 
1836. " in all respects. 

Shall re- Sec 3. That the said commissioners shall require a survey and 

my of route examination of the route of said canal as now established, by some 
Engineer skilful engineer, who shall report to the said board of commission- 
^Tboafdof ers > wno sna ^ a ^ s0 report the same to the next session of the 
Com- General Assembly. The said examination shall be made with a 

™f S water S ' view of ascertaining whether there is a sufficiency of water within 
sufficient to \\\q legitimate authority of the state of Illinois, to use to supply a 
S canai J of canal of the same size and dimensions, as the one now con- 
same size templated to be constructed upon the summit level of said line of 
contempt™ canal, tne sa 'd engineer authorized to be employed under this act, 
ted. shall take such oath as to the correctness of his estimates, surveys, 

to"£ l1 em- anc ^ conclusions as are usually required of engineers. 
ployed shall Sec'4. Said board shall also as soon as convenient, authorize 
^iset- 11 q ^ a survev anQl estimate to be made of the route of a canal, diverging 
timates and from the main trunk of the Illinois and Michigan canal, through the 
S ™a?d V board Aug-sau-ge-nash-ke Swamp and Grassy Lake, to intersect the 
shall Calumet river at the nearest practicable point, the said work to be 

authorize constructed whenever the state of Indiana shall undertake a corres- 

survey of . 

canahoute. ponding work, connecting her system ot internal improvements 
Work to be w i, n t j ie Illinois and Michigan Canal. 

cot) st riicf at v* 

when state Sec 5. Said commissioners when elected, before entering upon 

°/iaU d un >a ^ 1S duties °f me * r office? shall take and subscribe the following 

dertake. oath, viz : I do solemnly swear in the presence of Almighty God, 

Co . m : that I do not own land on or adjoining the canal route, and that I 

missioners . . ,. J <-> ' . 

shall take am in no manner, either directly or indirectly, interested in any 

land within ten miles of said contemplated canal, further than a 

common interest as a citizen of this state, and that I will not buy 

or trade in any land on the route, or within ten miles of the same, 

during the time that I act as canal commissioner, and that I will 

faithfully discharge the duties of canal commissioner according to 

law, and the best of my abilities : so help me God. 

Com _ Sec 6. The said commissioners shall have power to sell such 

missioners parts of the canal lands in the township in which Chicago is 

pmoertoseil situated, and such alternate lots in such town sites at the termina- 

purts of tiori, and along the canal route, as are or maybe laid out by them, 

in * Chicago as ma y ^ e necessary to produce the sum of one million of dollars, 

township, such sales shall in all respects be made in the same manner and 

fooooocf* u P on ^ ]e same terms as the sales authorized by the act to which 

of dollars, this is an amendment, Provided, That said sales may be made at 

Proviso. guc j 1 pi aC g or pl aceSj a s the said commissioners may deem for the 

interest of the state. 

Sec. 7. The said commissioners, shall have power to cause 

manners surveys of such town sites as they may select, to be laid out by 

shall have such person or persons as they may think proper, the plats of such 

power. towns certified by such person or persons so employed, and said 

commissioners shall be recorded in the Recorder's Office in the 

county where such town is situated, and such plat so certified and 



and sub' 
scribe oath 



CANALS. 125 

recorded or an attested copy thereof, shall be evidence in any Attested 
court of Jaw or equity in this state, and plats of such town sites, ^aLlbeeoir 
sub-divisions of sections or surveys, which have been made and dencein 
certified by the former commissioners, shall also be recorded in ^^ 
the same manner, and have the same validny as aforesaid. equity. 

Sec. 8. The said commissioners shall construct a navigable N av ig a Ue 
feeder from the best practicable point on Fox river, to the feeder to be 
Illinois and Michigan canal at the town of Ottawa, and such basins condracied ' 
or lateral canal connecting the Illinois river with said canal at that 
point, as in their opinion will most enhance the value of the pro- 
perty of the slate. 

Sec 9. That the Judge of the Circuit Court within whose cir- Judge of 
cuit the said canal lands are situated, shall on or before the first shall ap- 
Monday in June next, appoint three commissioners citizens of this point three 
state, who shall not be interested in any lands within the district of 60 "' 



misswvers 



country through which said canal passes, and who do not reside in citizens of 
said district, to be a board for the appraisement and determination ^olres^d- 
of all questions of damages which may arise from the construction ing in said 
of said canal, a certificate of whose appointment under the hand of c^tificate 
the said Judge, shall be recorded in each county in which any of of appoint- 
said canal lands lie. It shall be the duty of said commissioners, ^j^ rfer 
whenever requested by the board of canal commissioners, to ex- Judge'shall 
amine into all questions of damages which may arise between said herecorded ' 
canal commissioners, and any individual or individuals to make . 

. , . , r J , ... . . , Commts- 

reports within twenty days alter such examination in writing to the stivers fa 
said canal commissioners, and file a copy of such reports in the make report 
clerks office of the circuit court of the county in which the land twenty days 
may lie, on which an\ damages maybe claimed, which reports a f ter ex - 

i ii ... • f ii . • v* c • i l • ,i • ami-nation 

shall contain a lull account in writing ol said claim, the manner in in writing-. 
which it may arise, and all such testimony as may be taken by 
them in relation to the same ; also an assessment of the damages if 
any are awarded, accompanied by a description of the property to Description 
be surrendered by such individual to the State, where the question of property 
of damages may relate to the right of way, or surrender of land for rendered to 
the use of Hydraulic, or other purposes ; upon the return of said the State. 
report and assessment of damages aforesaid, the said circuit court 
at its succeding term, if in its opinion the damages assessed are 
not too high, and if no objection be made to the same, shall cause Court to di- 
an order to be made of record, directing the said board of canal missioned 
commissioners to pay to such individual or individuals, in whose *°.W *" _ . 
favor he may decide, such sum as may be awarded for his or their whose fa- 
damages as aforesaid, with such costs as such party may have ex- vorhe may 
pended in the defence of such claim for damages, to be certified 
by the court, Provided liowever, That if upon examination of such Proviso. 
returns, assessment and testimony furnished as aforesaid, by said 
commissioners, if the said court shall be of opinion the said assess- 
ment is too high, or the individual or individuals in whose favor 
such assessment shall be made, shall be dissatisfied with the same, 
the said court shall proceed to hear and determine the question of Court shall 
damages in such manner as it may deem equitable and just, and the ^SraSi* 
said court is hereby vested with full power and jurisdiction, to question of 
make all orders and decrees in the premises, and to enforce their Q%£fw St _ 
observance, necessary to carry into full effect all, or any decision ed with full 



126 CANALS. 

power to which may be made, Provided, That appeals shall be allowed to 

make all 
orders and 



pre 

mises 



the Supreme Court as in other cases, And provided also, That 
decrees in the court shall have power to compel all persons to pay all costs 
occasioned by their objections or exceptions to assessments, 
which are not sustained by the court, and the court shall also have 
power in ail cases to make such orders in respect to cost as may 
be deemed equitable and just. In assessing damages, regard 
shall be had as v\ell to the benefit as the injury arising from the 
. construction of the canal. 
sioners Sec. 10. The canal commissioners shall insist upon the right 

shall insist f the State to the right of way, through and upon all lands here- 
righi f the tofore sold or granted by the State, and also the use of all water 
State to the and materials required in the construction of the canal under the 
way. reservation contained in the tenth section of the act passed Janu- 

Reserva- ary the 22d, 1829, providing for the construction of said canal, 
passed Jan. an d un der the reservation contained in subsequent laws on the 
22, 1829. same subject ; hut if the courts shall decide against this right, 
didde tS tnen tne same mode of proceeding shall be had in reference to 
againstthis said lands, water and materials as in other cases. 
T cfmpensa- ^ec ^* ^ ne P ers0BS appointed to assess damages, shall be 
Hon of per- allowed by the court a reasonable compensation for their ser- 
pollted'to v ' ces 5 not t0 exceed three dollars per day, to be taxed in the 
assess dam- bills of costs, and paid as other costs. 

'Sfardto ^ EC ' ^* ^he Board of assessment shall in all cases deliver 
deliver copies of their reports to each of the parties interested or their 
ThelrVe^ at torney, before filing a copy with the clerk, as herein required, 
ports to and they shall certify the fact of delivering such copies upon the 
Arties the CC W ^ e d with the clerk, as aforesaid, and the delivery of such copy 
Shall certi- shall be evidence of notice, and the court shall proceed to adjudi- 
■^{j h n/ acL cate upon the rights of all parties so notified, without requiring 
evidence of any other or further notice to be given ; for good cause shown the 
notice. court may continue all causes and questions arising under this act, 

Court may c J ■, x ° 

continue from term to term as in other cases. 

causes <^ Sec. 13. The canal commissioners shall cause the plats of 

Commis- the towns of Chicago and Ottawa, by which they w r ere governed 

sioners \ n selling lots in said towns, to be recorded with the certificates of 

shall cause , i ° , • i 1 1 1 • 1 • 

plats of the late canal commissioners, endorsed thereon as to the identity 
Chicago tf f S aid plats. They shall also have power to execute and perform 
be recorded. a ^ duties heretofore required of canal commissioners in relation to 
Power to alterations in the survey of the town of Ottawa, Provided, That. 
duTicslere- n0 rights acquired by individuals shall be afTected thereby. The 
tofore re- plats of said towns, or certified copies thereof, shall be admitted 
them. as evidence in all courts or places whatsoever. 

Proviso. Sec. 14. The Governor of the State, when he shall be ad- 

to°borro°iv vised °f its necessity by said canal commissioners, shall borrow 
on credit of upon the credit of the State, the sum of five hundred thousand 
Ifo fwn'of dollars on the same terms and in the same manner prescribed in 
$500,000. ' the act to which this is an amendment, which said sum shall be 
f/iali ''heTaid expended on the canal in the year 1838, in addition to the 
out in the moneys arising from the sale of the canal lands, and which may 
year 1838, be then in the treasury of said Board. 

■in addition J r . . . , -r- 

to moneys. Sec. 15. 1 hat ior the purpose ot inviting and promoting lair 
competition in the letting of contracts, so much of the act to 



CANALS. 127 

which this is a supplement as requires the board of canal commis- 
sioners to demand and receive security from contractors for the 
execution of contracts, be, and the same is hereby repealed ; and Part ^ act 
the Board shall let all contracts to the lowest responsible bidders repealed. 
for the work, under such regulations and restrictions, to be fixed 
upon and published by the Board, as shall effectually insure the „ , 
punctual commencement, and faithful execution, progress, and tions <$> re- 
completion of the contracts, and to protect the rights and interests st ™ tlons > 
of the State, and to insure the faithful execution and completion at faked. 

contracts, shall retain in their hands, during; the progress of the Skallretain 

. ' rr , ° it- 15 per cent. 

work, at least ritteen per centum, and not more tijan thirty per q. not mare 

centum of the value of the work actually performed, until the full tkan 30 /° 

, . r , ' A protect the 

completion ot the contracts. state. 

Sec 16. Monthly estimates of the amount and value of the Estimates 
work executed, shall be made out during the progress of the ofwork ex- 
work, under the directions of the Board, or principal engineer on ecutedun- 
the line ; and upon such estimates being filed in the office of the rectionof" 
Board, not less than seventy per centum, nor more than eighty- board of 
five per centum of said estimated value, shall be paid to the con- Nofiess^ 8 ' 
tractors, and the residue shall be retained until the completion of than 70 nor 
the contract, as provided for in the foregoing section, Provided, ™5^cmt< 
That this section and the preceding section, shall not be construed shall be 
to apply to existing contracts, or to the bonds given under the f r £* 
same. tu work is 

Sec 17. The commissioners to be elected under the provi- oSmfc?' 
sions of this act, shall severally execute bonds in the sum of ten sioners 
thousand dollars, with such security as shall be approved by the l^te bTnds 
Governor, for the faithful discharge of their duties as canal com- in the sum 
missioners, in addition to which the treasurer shall give bond in JJJ^ - m 
such sum and with such security as shall be approved by the ty. 
Governor for the faithful management, safe keeping and disburse- J re ^f urer 
ments of the canal funds, that may at any time come into his dittonai 

hands. bond and 

n «^-n c i i • i -i ■ • i security to 

Sec 13. Every part ot the act to which this is an amend- beapproved 
ment that does not conflict with the provisions of this act, shall bl J the Gov ~ 
be and remain in full force, and govern the commissioners to be All o'ffor- 
elected under the provisions of this act, in their duties as canal rneracUon- 
comissioners, and so much of said former act as conflicts with this wiiktkisaci 
act, is hereby repealed. repealed. 

Sec 19. So much of the thirteenth section of the act to So much of 
which this is an amendment as requires warrants or checks to be l3th section 
countersigned by the acting commissioner, and to be under the pealed?™ 
seal of the Board, is hereby repealed. 

Approved, 2d March, 1827. 

NOTE. Tflis act is amended by acts of July 21, 1S37. 



128 CANAL LANDS. 



CANAL LANDS. 



jjJ e / or 9 ce *AN ACT to prevent trespassing on the Canal Lands of this 
1835. ' State. 



such tres 
passes 



P?™fyf or Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That hereafter, if any per- 
son or persons shall, without legal authority, go upon the Canal 
lands belonging to this State, and there cut, fell, box, or in any- 
wise destroy any tree or trees or other timber, standing or lying 
on said Canal land, or carry or haul away any stone or coal from 
said lands, shall, upon indictment, be fined in any sum not exceed- 
ing one hundred dollars for each offence. 
Duty of Sec 2. It shall be the duty of every sheriff, coroner, consta- 

other^offi^- ^ e > an d j usnce of the peace in the counties of this Slate, where 
cers irireia- the aforesaid Lands lie, to take notice of, and present all and every 
tum thereto. p ers0 n, so offending, to the next grand jury of their respective 
counties in which the said offence or offences against the first sec- 
tion of this act, has been committed. 
Duty of Sec 3. It shall be the duty of the prosecuting attorney in the 

prosecuting s i x th judicial circuit of this state, to cause this act to be given in 

attorney. . J , . , 7 ..... ' P . . , 

charge to the respective grand juries, (in the counties in which 
said lands are situated,) whose duty it shall be to inquire into, and 
make presentments of all persons who may have violated the pro- 
visions of this act. 

This act to be in force from and after its passage. 

Approved, Feb. 9, 1835. 



In force AJY ACT to protect the Canal lands against trespassers. 

March 4th, 



1337. 



Sec 1. Be it enacted by the People of the State of Illinois. 
be dieted to re P res ^ n ^ i n the General Assembly, That there shall be elected 
prevent by joint vote of both houses of this General Assembly, two agents 
trespasses. t0 g Q an( j ren n a j n U p n the canal lands of this State, for the pur- 
pose of preventing and detecting all persons who have or may 
trespass upon said lands, and of instituting and attending to the 
prosecution of suits for the same. 
Shaiivisit Sec 2. The said agent shall visit every person residing 
aiiresi- upon, or cultivating any part of the canal lands, and upon the 
execution of a bond by any such person, as hereinafter required, 
May grant any one of the agents is hereby authorized to deliver to such 
aftertak- person a written permit to remain upon the land, or to continue 
ingbond. to cultivate the same, until the said land is advertised for sale 
by the State, free from any charge of rent, and to use for fuel, 
Proviso, only the timber and wood lying upon the ground, Provided, That 
said permit shall not extend to authorize any person to use 
wood off of more than six hundred and forty acres of timbered 






CANAL LANDS. 129 

land ; and no person shall be permitted to enclose or cultivate what tim- 
any timbered land, nor to cultivate more than six hundred and ber ™ a y be 
forty acres of prairie land. 

Sec. 3. Persons who reside upon their own land, and culti- 
vate canal lands, shall be considered as coming within the pro- 
visions of this act ; but no such person shall be allowed to use 
wood, lying or being upon canal lands. 

Sec 4. Every person to whom a permit is given as afore- Bondwith 
said, shall execute a bond to the State of Illinois, with one or securities. 
more responsible persons as securities, in the penalty of five ena y ' 
hundred dollars, conditioned as follows : 

" The condition of this bond is such, that whereas the State 
of Illinois has given to the said a permit to 

(here state the substance of the permit,) now if the said 
shall well and truly comply with the terms of said permit and 
the provisions of the law under which the same was given, then 
this bond to be void, otherwise to remain in full force and effect. 

Sec. 5. The obligees of any bond executed as aforesaid, Obligees. 
shall be considered as bound, first, that the person to whcpi the 
permit is given, will not use any timber, or tree of any descrip- 
tion, standing or growing upon canal lands, for any purpose what- 
ever ; second, that he will not use for fuel, any timber or wood 
of any description, situated upon any canal lands, except that 
described in the permit ; third, that he will not permit any person jy ot to per- 
to use or take any tree, timber or wood off of the land described rnitper- 
in the permit ; fourth, that he will surrender the possession of the son& ' 
lands described in the permit, to the agent of the State, together Surrender 
with all improvements thereon, whenever said lands shall be adver- 
tized for sale ; fifth, that he will not sell or transfer his right of 
possession, nor rent or lease the same for a longer time than one 
year ; sixth, that in case of a violation or breach of any condition 
upon which the permit is given, that the agent of the State shall tScTposses- 
have the right to take possession of the premises, with all improve- sion. 
ments thereon. 

Sec 6. If any person shall after this act takes effect, cut, fell, Penalty' for 
box, bore, injure or destroy, any tree or sapling of any descrip- l ^^ y 
tion whatever, standing or growing upon any land described in any 
permit, hereby authorized to be given, he or she shall be liable to pay 
for every tree or sapling so cut, felled, boxed, bored, injured or 
destroyed, any sum not less than five dollars, nor more than twenty 
dollars, which may be recovered by action of debt in favor of the 
person to whom the permit is given, before any Justice of the 
Peace or Circuit Court having jurisdiction of the amount claimed ; 
and the recovery shall be for the use of the person, in whose name 
the suit is instituted. 

Sec 7. If any person shall after this act takes effect, purchase, Timber 
receive, or use any tree, sapling or timber, or wood of any de- taken f rom - 
scription, which shall have been taken off of, or from any canal 
land described in any permit aforesaid, such person shall be liable 
to pay at the rate of twenty dollars for every such tree or sapling, Liability. 
and one dollar per foot in length of every piece of timber, and 
twenty dollars per cord for wood, to be recovered by the person 
to whom the permit is given, in an action of assumpsit or debt, 
,17 



130 



CANAL LANDS. 



If provi- 
sions are 
violated. 



Liable to 
action . 

Certificate 
of forfeit- 
ure, suffi- 
cient to re- 
move. 
Duty of 
sheriffs. 



Offender 
liable. 

How recov- 
ered. 



Proviso. 



Bar to re- 
covery for 
State. 



Action of 
assumpsit. 

Proviso. 

Bar to re- 
covery. 



Jurisdic- 
tion of c'r- 
cuit court. 



before any Justice of the Peace or Circuit Court having jurisdic- 
tion of the amount. 

Sec. 8. If any person to whom a permit shall be given, as 
aforesaid, shall violate the provisions of this act, by cutting, taking, 
receiving, purchasing or using any tree, sapling, timber or wood, 
or shall in any manner whatsoever, violate or fail to comply with 
the provisions of the law, such person shall be liable to an action 
upon his or her bond, and shall also forfeit all right and claim to 
the possession allowed him or her by the permit, and to all the im- 
provements upon the premises ; and a certificate of the fact of such 
forfeiture, made by the canal commissioners, under the seal of the 
board, shall be sufficient to authorize any sheriff to remove any 
person off of, and from any canal lands ; and sheriffs are hereby 
requested to act upon the said certificates, and call to their aid the 
power of the county, when necessary to remove any person as 
aforesaid. 

Sec 9. If any person, except those to whom permits may be 
given, shall hereafter, cut, fell, bore, box, injure or destroy any 
tree or sapling, of any description, standing or growing upon canal 
lands, he or she so offending, shall be liable to pay any sum not 
less than five, nor more than twenty dollars, for every such tree or 
sapling so cut, felled, boxed, bored, injured or destroyed, to be 
recovered by action of debt, in the name of the State of Illinois, 
before any Justice of the Peace or Circuit Court having jurisdic- 
tion of the amount, Provided, That when the injury or trespass 
shall be committed upon any land described in any permit, a re- 
covery in behalf of the Stale, shall bar any subsequent recovery 
in behalf of the person to whom the permit was given ; and a 
recovery in behalf of such person, with satisfaction of the amount, 
by actual payment of the money recovered, shall be a bar to any 
subsequent recovery in behalf of the State ; and the provisions of 
this section shall apply to third persons, who employ persons, w T ho 
commit any injury or trespass herein prohibited. 

Sec 10. If any person shall hereafter purchase, receive, or 
use any tree, timber or wood of any description, or any sapling 
which may have been taken or removed from any canal lands, he 
or she shall be liable to pay for, every tree or sapling so purchased, 
received, or used, the sum of twenty dollars ; and for every foot 
in length of any piece of timber so purchased, received or used, 
the sum of one dollar, and for wood, at the rate of twenty dollars 
per cord, to be recovered by action of assumpsit or debt, in the 
name of the State, in any court, or before any Justice of the 
Peace, having jurisdiction of the amount claimed, Provided, That 
when a judgment shall have been recovered under the provisions 
of this section, in favor of the State, such recovery shall operate 
as a bar to a future recovery, in the name of any person to whom 
a permit may have been given, and Provided, also, That a re- 
covery, and actual payment of the money recovered, in behalf of 
any person authorized to sue for the same, shall be a bar to any 
subsequent recovery in behalf of the State. 

Sec 11. The circuit courts of every county in the State are 
hereby vested with jurisdiction, to hear and determine all causes 
and actions instituted in behalf of the Slate, under the provisions 






CANAL LANDS. 131 

of this act ; and the clerks of said courts are hereby required to Duty of 
issue process and subpoenas for witnesses, directed to any county ccr " so >> 
in the State, and such process shall be executed and obeyed, as 
other process. 

Sec. 12. If any sheriff, or other officer, shall fail to execute sheriff, #c 
and return any process, issued under the provisions of this act, he tobe liable ' 
shall be liable to be proceeded against by attachment, and no rule 
to show cause shall be necessary to authorize the issuing of any 
such attachment, but the same shall be issued on the application 
of the agent or attorney of the State, and be returnable as early 
as practicable ; and unless the sheriff, or other officer, can show a 
legal excuse for the failure to execute or return the process, he 
shall be liable to be fined in any sum not exceeding five hundred 
dollars, and to pay all costs of the proceeding against him ; he 
shall moreover be liable to an action upon his bond for damages, 
as for other violation or neglect of duty. 

Sec 13. The canal lands shall be considered as including all Canal 
lands which have been, or may hereafter be granted to the State l th^i n ^ hai 
of Illinois, by the United States, to aid the State in the construe- c/«rfe. 
tion of a canal to unite the waters of the Illinois river with those fl™° l ( lvd 
of Lake Michigan ; and the certificate of s any canal commissioner, LakeMi- 
that any lot or parcel of land is included or embraced in any such p^f'of 
grant, shall be evidence of the existence of the grant, and of the grant. 
right of the State to the land. 

Sec 14. It shall be the duty of the agents of the State, ap- 
pointed as aforesaid, to cause the provisions of this act to be 
enforced, and to institute and prosecute all suits and actions ne- 
cessary and proper to enforce the same ; and it shall also be the Du ty of 
duty of every canal commissioner, engineer, and all other persons TionclTfrc 
employed by the State to give information to the said agents of 
all and every violation of the provisions of this act. Governor to 

Sec 15. The Governor shall cause this act to be published in cause to be 
all the newspapers printed in Chicago, Ottawa, Peoria, and^.^! rfm 
Galena; and shall issue a proclamation to be published in the pe? s , pro- 
papers aforesaid, declaring the time when the same shall take Timewh'en 

effect. to take 

Sec 16. Persons who obtain permits from the agents of the e ^ ecL 
State, under the provisions of this act, and who execute bonds as 
herein required, shall be, and are hereby released from all penal- frlmpenai- 
ties incurred by them for violating the provisions of the law, m'ties. 
relation to trespassing upon canal lands. 

Sec 17. Each agent elected as aforesaid, shall be entitled to Covfrma- 
three dollars per day for every day employed, to be paid out of^ 07 * -^ 
the canal fund. 

Sec 18. Any one or more of said agents shall be discharged When not 
by the Governor, whenever the Canal Commissioners shall inform ^Gmern&r 
him that their services are no longer essential to the interest of the may dis~ 
State. char ^ 

Sec 19. The bonds taken by the agents, as herein required, 
shall be delivered over to the board of canal commissioners, and 
by them kept and preserved. 

Approved 4th March, 1837. 



132 



CANAL LANDS. 



M'f^h e4th ^N ACT supplemental to an act entitled " An act to protect the 
canal lands against trespassers." 



March 
1837. 



If any 
agent of 
State re- 
fuse to act. 



Governor 
to appoint 
successor, 
or Jill va- 
cancy. 



Sec. 1. Be it enacted by the people of the State of Illinois, re- 
presented in the General Assembly, That in case of the resignation, 
or refusal to act of any agent of the State appointed under the provi- 
sions of an act passed during the present session of the General 
Assembly, u An act to protect the canal lands against trespasses," 
during the recess of the General Assembly, the Governor is hereby 
authorized and required to appoint a successor or successors to 
such agent or agents ; and the person or persons so appointed, 
shall possess the powers and perform the duties required of the 
agents elected under the provisions of the act aforesaid. 

Approved, 4th March, 1837. 



In force 
2ist July, 
1837. 



Act re- 
pealed in 
respect to 
purchasers 
on condi- 
tions. 



Time of 
payment. 



Failure to 
work for- 
feiture. 



What bills 
to be re- 
ceived by 
canal com- 



AN ACT for the relief of Purchasers of Canal Lands and Lots. 

Sec 1. Be it enacted by the people of the State of Illinois, re- 
presented in the General Assembly, That so much of the act en- 
titled u An act for the construction of the Illinois and Michigan 
canal," approved on the ninth of January, one thousand eight hun- 
dred and thirty-six, as declares lands and lots sold, to be forfeited 
to the state in default of the purchasers, making payments as re- 
quired by said act, is hereby repealed in respect to purchasers who 
comply with the following conditions, viz : That they will on the 
first day of October next, pay all the interest then due upon said 
debts, according to the terms of sale ; and on the first day of Octo- 
ber, 1838, and first day of October, 1839, pay the interest and 
ten per cent, of the principal, which may be due ; and on the first 
day of October, in each and every year thereafter, pay the interest 
and twenty per cent, upon the principal in advance, until the whole 
sum due shall be paid. And payments made at the times and in 
the manner herein provided, shall be accepted by the canal com- 
missioners, as a compliance on the part of the purchasers with 
the conditions of sale, as prescribed by the above recited act, but 
nothing herein contained shall be construed to impair or in any wise 
affect the lien of the state upon the property sold for the payment 
of the purchase money or any part thereof, or any interest due or 
which may become due upon the same. And it is hereby declared 
that a failure on the part ol any purchaser to comply with the con- 
ditions herein contained, shall work a forfeiture of the lot or land 
purchased, together with all previous payments ; and the provis- 
ions of the thirty-fifth section of the above recited act, shall be 
deemed and considered applicable to such lot or land, and pur- 
chaser, and shall be enforced by the canal commissioners. 

Sec 2. The canal commissioners are authorized and required 
to receive in payment for canal lots and lands sold, the bills and 
notes of the State Bank of Illinois, and Bank of Illinois, and bills 



CANAL LANDS. 133 

and notes of any other banks which the bank in which the canal missbners 

2 11 -i-ii • i i- i in payment 

funds are or may be deposited, will receive and credit as cash to f debts. 
the canal fund. 

Skc. 3. The contractors upon the canal, with whom contracts What con- 
were made previous to the year one thousand eight hundred and 'p!, 01 ™? en ~ 
thirty-seven, shall be entitled to monthly payments, upon the terms monthly 
and in the manner provided for making payments upon contracts payments. 
made subsequent to the first day of January, one thousand eight 
hundred and thirty-seven. 

Sec. 4. That all relief extended to purchasers of canal property jfto-ht of 
under the provisions of this act, is to be claimed under the express legislature. 
understanding and condition, that the legislature reserves the right 
to amend, modify, or repeal this act at any time after the first Mon- 
day in December, eighteen hundred and thirty-eight ; and said 
right to amend, modify, or repeal the same, after the time afore- 
said, is hereby reserved. 

Approved, 21st July, 1837. 



JIN ACT to provide for the Sale of certain Canal Lands, and I i l .f mce ± 

r J r .i July 21st, 

jor other purposes, 1337. 

Sec 1. Be it enacted by the people of the State of Illinois, re- 
presented in the General Assembly, That if the commissioners of 
the Illinois and Michigan Canal, shall be of opinion that a sale of 
parts of the canal lands, during the next year, will advance the in- 
terests of the state, by affording facilities to contractors in procur- 
ing supplies and places for boarding for hands employed upon the 
canal, or otherwise, they are authorized to select lots or tracts f ov : er §~ IV - 

r. i , . "•' / t it i ' n 1 en to canal 

01 land at convenient points along the line, and sell the same ior commis- 
the purpose aforesaid, and subdivide the said lots or tracts into Sl07 l ers to 

, ] n ' , , r 1 -i 1 i- • ■ sell lands. 

lots ot not less than lorty nor more than eighty acres, the division 
to be made to correspond with similar divisions 'of lands sold by 
the United States ; and the selection to be made, so that no lot 
shall lie within less than one half mile of the line of the canal, and 
the quantity not to exceed in value four hundred thousand dollars ; 
and the lands so selected shall be valued, advertised, and sold in 
the manner required for selling lots in Chicago and Ottawa, but the 
valuation shall not be made until within twenty days of the sale, 
and shall be made as well with reference to the terms of sale as all 
other considerations affecting the market value thereof. The place of 
sale shall be fixed by the commissioners. The terms of sale shall 
be, one-tenth of the purchase money to be paid at the time of sale, 
and the balance payable in ten equal annual instalments, bearing an 
interest of six per cent, per annum from the date of sale, payable 
annually in advance, subject to the same conditions and provisions 
prescribed in reference to the sale of lots in Chicago and Ottawa. No two sec- 
Sec. 2. No two quarter sections of land shall be sold under the ' z '°" s to be 
provisions of this act, which shall adjoin each other. er. ° gd ' 



134 CANAL LANDS. 

Terras of § EC# 3, The terms of the sales authorized to be made by the 
act which was approved on the second day of March, in the year 
one thousand eight hundred and thirty-seven, shall be the same as 
those prescribed in this act ; and the sales under that act shall be 
limited to the actual wants of the canal funds. 

Sec 4. In negotiating loans which have been or may be author- 
ized for the construction of the canal, the governor, shall, if prac- 
ticable, contract to receive the money borrowed, in sums of one 
hundred thousand dollars, or less, at such times as the same may 
be wanting for use upon the canal. 
Navigable Sec 5. In the construction of the navigable feeder and lateral 
feeder. cana j ^ Ottawa, the canal commissioners may so alter the plan 
heretofore prescribed, as to connect the said feeder or lateral canal 
with Fox river, instead of the Illinois river, or make any other 
change which in their judgment may be best calculated to enhance 
the value of state property, and the usefulness of the canal. 
Resurveyto Sec. 6. The canal commissioners are authorized to make a re- 
bemade. surve y of those parts or additions to the town of Ottawa, wherein 
lots are authorized to be sold, and change the lines of the lots and 
streets, so as to make those lines correspond with the lines of that 
part of the town wherein the lots have heretofore been sold ; or 
ihey may make the said lines in such manner as they may deem 
best for the interest of the State. 
Basonmay Sec. 7. The canal commissioners are authorized to enlarge the 
be enlarged natural bason at the confluence of the north and south branches of 
the Chicago river, so as to render the same as useful and conven- 
ient as possible ; and block number seven, of the canal lots in the 
city of Chicago, shall be reserved from sale for the purpose of ex- 
changing the same for block number fourteen, which will be re- 
quired to be removed in the enlargement of the said bason ; and 
the said commissioners are hereby required to cause the aforesaid 
Block num- b'°ck number fourteen to be appropriated for the purpose aforesaid, 
ber four- and to proceed to obtain the title to the same, in the manner pro- 
teen to be S \^ Q{ \ (jy i aw f or obtaining lands or materials for the use of the 

appropria- J ° 

ted. canal. 

Sec. 8. When the board of appraisement shall appraise the said 
when l*' block fourteen, they shall also appraise the aforesaid block seven, 
praised. and if the owners of block fourteen will take in exchange for the 
same, block number seven, at the appraisement thereof, the canal 
commissioners are authorized to make the exchange, taking from 
the said owner a sufficient conveyance for said block to the state, 
and giving to such owner a certificate of purchase for block seven, 
stating therein the facts of the transaction ; and if block seven shall 
be appraised to more than block fourteen, the said owner, shall be 
required to pay the difference in a reasonable time, to be fixed by 
the canal commissioners ; and upon such payment being made, the 
said owner shall be entitled to a patent for the same ; but if said 
block shall be valued to less than block fourteen, or the same sum, 
he shall be entitled to a patent, upon executing the conveyance 
aforesaid. If the difference in value shall be in favor of the said 
owner, the canal commissioners shall pay the same out of the canal 
fund ; but if no such agreement is made, as herein contemplated, 
the aforesaid block fourteen shall, nevertheless, be obtained and 



CENSUS. 135 

appropriated, as herein provided, and block number seven shall be 
subject to sale as other lots in Chicago now are. 

Sec. 9, The treasurer of the board of canal commissioners shall Du{ f 
not hereafter be required to perform any other duties than those treasurer. 
pertaining to the office of treasurer alone, nor shall he hereafter be 
considered as one of the board of canal commissioners. The said 
board shall hereafter be composed of the president and acting com- 
missioner, who shall perform all the duties required of the canal 
commissioners, except such as relate to the duties of treasurer ; 
nevertheless, it is hereby declared and enacted, that whenever the 
board as organized by this section, shall disagree in opinion upon 
any question, matter or thing, in relation to the canal, the powers 
or duties of the board, or of any agent or any other matter what- 
ever, touching their duties as canal commissioners, the treasurer is 
hereby constituted and appointed the umpire to give the casting 
vote upon every such difference, and in giving such vote, he shall 
be considered as bound for the consequences thereof, as a canal 
commissioner ; and the board of commissioners shall act upon all 
decisions made by the umpire as aforesaid, as though the three 
making the decision were all canal commissioners. 

Sec 10. In the event that the funds provided by existing laws, 
shall prove insufficient to meet the expenditures upon the canal for 
the years 1837 and 1838, the Governor is authorized to negotiate Governor 
a loan upon the faith and credit of the state, not exceeding in authorized 
amount three hundred thousand dollars, to meet any deficit which ° anf° "* 6 
may occur ; said loan shall be negotiated in the manner and upon 
the terms, and the state assumes the responsibilities, as provided 
for in relation to the loan authorized by the "act entitled an act 
for the construction of the Illinois and Michigan canal," approved 
on the 9th of January, 1836 ; Provided, That said loan shall not 
be made until the whole of the means available under existing laws, 
shall have been exausted. 

Approved, 21st July, 1837. 



CENSUS. 

AN ACT to provide for the taking of the census, or enumeration In force 
of the Inhabitants of the State. Jc * m J- 13 > 

J J 1829. 

Section 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That the County Commis- Persons . to 
sioners Court of each county in this state, shall at theirJune term, eduftakt 
in the year of our Lord one thousand eight hundred and thirty, and census - 
at their June term, in every fifth year thereafter, appoint some 
competent person as commissioner, to take an enumeration of the 
inhabitants of such county, and also of such unorganized county or 
counties, or district of country, as may be attached thereto, omit- What per- 
ting in such enumeration, Indians not taxed, and distinguishing free t° e ns en sha!l 
white persons, from free persons of color, and the French Negroes ated, 



136 



CENSUS. 



And how 
they shall 
be distin- 
guished. 



Manufac- 
tories, and 
mills, Lf-c. 



Enumera- 
tion to be 
made by ac- 
tual inqui- 
ry. 



When to 
commence. 



Oath of 
commis- 
sioner. 



Returns, 
when to be 
made. 



and not exceeding seven- 
vears ; over 



Form 
^hereof. 



and Mulattoes held m bondage, from such as are indentured or re- 
gistered, or born of indentured or registered parents ; and also dis- 
tinguishing the sexes, in each of such classes, in separate and 
distinct columns ; and also, by dividing the free white population, 
and setting it down in separate and distinct columns, according to 
the form herein prescribed, such as are of ten years of age and 
under ; over ten, and not exceeding twenty years ; over twenty, 
and not exceeding thirty years ; over thirty, and not exceeding 
forty years ; over forty, and not exceeding fifty years ; over fifty, 
and not exceeding sixty years ; over sixty. 
ty years ; over seventy, and not exceeding eighty 
eighty, and not exceeding ninety years, and all such as are exceed- 
ing ninety years ; and also distinguishing, in a separate column, 
such free male white persons between the ages of eighteen and 
forty-five years, as shall be subject to militia duty, either as officers 
or militia men. And it shall be the further duty of the commission- 
ers, to be appointed as aforesaid, 10 ascertain, and set down with 
the enumeration as aforesaid, the number and description of all 
manufactories, mills, machines and distilleries, within their respec- 
tive counties, and the counties and districts of country thereto at- 
tached, as aforesaid, specifying the different kinds thereof. And 
the said enumeration shall be made by an actual inquiry at each 
dwelling house, or from the head of each family, when the same 
can be conveniently done, or otherwise from the best information 
that can be obtained, where there shall be no fixed place of resi- 
dence, or the head of such family, or other person to be included 
in such enumeration, shall be absent from the county or state. 

Sec. 2. The enumeration shall commence on the first Monday 
in September, in the year of our Lord one thousand eight hundred 
and thirty, and on the first Monday in September, every fifth year 
thereafter, and shall close within three calendar months thereafter. 
And each person or commissioner so appointed, before he enters 
upon the duties required to be performed by this act, shall take an 
oath (or affirmation) before some judge or justice of the peace of 
the county, as follows : " I, A. B., do solemnly swear (or affirm) 
that I will make a just and perfect enumeration and description of 
all persons resident within the county of and state of 

Illinois, (and the county or counties, or district of country thereto 
attached, if any) and perform all other duties required of me, by 
the act entitled c an act to provide for the taking of the census or 
enumeration of the inhabitants of the state of Illinois,' according to 
the best of my knowledge and abilities : so help me God." 

Sec 3. The several commissioners appointed under this act, 
from time to time, shall, on or before the first Monday in Decem- 
ber next, after such enumeration shall be taken, transmit to the 
clerk of the circuit court of the proper county, and to the office of 
the secretary of state, accurate returns of all such inhabitants as 
aforesaid, and of all such manufactories, mills, machines, and dis- 
tilleries, as aforesaid, and shall also make out and transmit to the 
adjutant general of this stale, a certified statement of the number of 
all persons subject to militia duty as aforesaid ; which returns, with 
the exception of that to be made to the adjutant general, shall be 
made and certified according to the following form, to wit : "I, 






CENSUS. 



137 



A. B., commissioner for taking the census, or enumeration of the 
inhabitants of the county of (and the attached parts thereof, if 

any,) do hereby certify, that the schedule hereto annexed, contains 
an accurate statement of the whole number of persons resident in the 
said county of (and the attached parts thereof, if any,) together 
with the number and kinds of manufactories, mills, machines, and 
distilleries (if any) therein, so far as I have been able to ascertain 
the same. Witness my hand, this day of A. D. 18 — 

A. B., Commissioner." 



(and the attached parts thereof, 



Census, or enumeration of the inhahitants of the county of 

if any,) for the yeaf of our Lord One thousand eight hundred and 

Of ten years, and under, 
Over ten, and not exceeding twenty years. 
Over twenty, and not exceeding thirty years, 
Over thirty, and not exceeding forty years, 
Over forty, and not exceeding fifty years, 
Over fifty, and not exceeding sixty years, 
Over sixty, and not exceeding seventy years, 
Over seventy, and not exceeding eighty years. 
Over eighty, and not exceeding ninety years, 
Over ninety years. 

Over ten years and under, 
Over ten, and not exceeding twenty years, 
Over twenty, and not exceeding thirty years, 
Over thirty, and not exceeding forty years, 
Over forty, and not exceeding fifty years, 
Over fifty, and not exceeding sixty years, 
Over sixty, and not exceeding seventy years, 
Over seventy, and not Exceeding eighty years, 
Over eighty, and not exceeding ninety years, 
Over ninety years, 

Free male persons of color, of all ages, 
Free female persons of color, of all ages, 
Indentured or registered servants, and their children, 
French negroes and mulattoes held in bondage, 

Grand Total, 

Persons over 18, and under 45 years of age, subject to militia duty, 

Manufactories, Mills, Machines, and Distillers. 



Sec; 4. It shall be the duty of each commissioner, when taking 
&ny enumeration as aforesaid, to set down the number of all per- 
sons, under each appropriate head, or description according to the 
foregoing classification, including, also, each person subject to 
militia duty, as aforesaid, under classes numbered two, three, four 
and five, according to their several ages, and likewise in one sepa- 
rate column, as aforesaid, and to sum up at the foot of each column, 
the whole number of persons therein set down, and atferwards the 
whole number included in the classes numbered from one to twen- 
ty-four, and extend the aggregate at the foot of a separate column, 
as the grand total thereof. 

Sec. 5. Each commissioner failing or neglecting to make pro- 
per returns, as aforesaid, or making a false return of the enumera 
18 



1st class. > 
2d class. 




o 


3d class. 


tn 


4th class. 


Cl, 


5th class. 


"o3 


6th class. 


*■ s 


7th class. 


Us 


8th class. 


£ 


9th class. 


0) 


10th class. , 


£ 


11th class. > 
12th class. 




o 


13th class. 




!l4th class. 


p-i 


15th class. 


"eS 


16th class. 


*M 


17th class. 


<v 


18th class. 




19th class. 


V 


20th class. , 




21st class. ' 
22d class. 


& w 


CO % 

v 3 


23d class. 




24th class. , 


V S3 



Total. 

Militia. 

Manu- 
factories, 
&c. 



Militiamen, 
how to be 
classed. 



AggTi 

srates. 



Negligence 
of commis- 



138 CENSUS. 

tion to the clerk of the circuit court of the county, to the secretary 
of state, and adjutant general, within the time limited by this act, 
How pun- shall forfeit the sum of three hundred dollars, recoverable in the 
circuit court of the county, where such offence shall have been com- 
mitted, by action of debt, information, or indictment, the one half 
thereof to the use of the informer, and the other half to the coun- 
ty. And for the more effectual discovery of said offences, the 
judges of the several circuit courts, in this state, at their next term 
to be held after the expiration of the time allowed for making the 
Tliis act to returns °f lne enumeration hereby directed, shall give this act in 
be given in charge to the grand juries of their respective counties, and shall 
the'Srcmd. cause tne returns of the commissioner to be laid before them, for 
jury. their inspection. 

Sec 9. Each person, whose usual place of abode shall be in 

F rth rdi an y f am 'tyi on lne sa 'd ^ rst Monday in September, in the year of 

rections to our Lord one thousand eight hundred and thirty, and on the first 

thecommis' Monday in September every fifth year thereafter, shall be returned 

with the members of such family ; and the name of every person 

who shall be an inhabitant of any county, or the attached part 

thereof, without any fixed place of residence, shall be inserted in 

the county in which he, or she, shall be on the said first Monday in 

September ; and every resident person who shall be absent from 

the county, or state, at the time of taking any such enumeration, 

shall be set down as belonging to the place where he, or she, 

usually resides in this state. 

Sec 7. Each free person, over the age of sixteen years, whe- 
ther heads of families or not, belonging to any family, within any 
d~«». county, made or established in this state, shall be and hereby is 

Person .../' . . ' . . ,., J , e 

bound to obliged to render to the commissioner appointed in said county, it 
d factsTo required, a true account, to the best of his or her knowledge, of every 
commis- person belonging to such family, respectively, according to the 
swner. several descriptions aforesaid, on pain of forfeiting twenty dollars, 
Penalty for t0 ^ e sue d for and recovered, by action of debt, by such commis- 
not doing sioner, for the use of the proper county : Provided, that in all cases 
so - where any such fine shall be assessed against any minor, or minors, 

the same shall be paid by his, her, or their parent or guardian ; 
Recovery ar >d m case °f his or her refusal to pay the same, an attachment 
thereof. may be issued to enforce the payment thereof. 

Sec 8. Each of said commissioners shall receive at the rate of 
two dollars for every hundred persons returned, for the first two 
tion to com- thousand ; at the rate of one dollar and seventy-five cents for each 
missioner. hundred persons returned, over two, and not exceeding three thou- 
sand ; at the rate of one dollar and fifty cents for the fourth thou- 
sand ; at the rate of one dollar and twenty-five cents for the fifth 
thousand, and at the rate of one dollar for each hundred, over and 
above five thousand ; to be paid out of the state treasury, out of 
any moneys not otherwise appropriated. 
Duty of the Sec 9. The secretary of state shall receive and file such returns 
secretary of - m jjjg ffi ce anc } re t urn the same to the sneaker of the house of 

state and , ' f 

adjutant representatives, on or before the second day ol the next session 

general. a f ter gucn enumeration is made ; and the adjutant general shall file 

the returns to be made to him of the number of persons subject to 

militia duty, as aforesaid, in his office ; and shall immediately 



CHANCERY. 139 

thereafter make out a statement of the whole number of such per- 
sons, and report the same to the secretary of the war department 
of the United States. This act to take effect from and after its 
passage. 

Approved, Jan. 13, 1829. 



CHANCERY. 
•AN ACT prescribing the mode of proceeding in Chancery. In force 

•June 1 j 
1833. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the several circuit 
courts in ihis state, in all causes of which they may have jurisdic- 
tion as courts of chancery, shall have power to proceed therein 
according to the mode hereinafter prescribed, and where no pro- 
vision is made by this act, in cases that may arise, then according 
to the general usage and practice of courts of equity, or agreeably 
to such rules as may be established by the said courts in that 
behalf. 

Sec 2. The mode of commencing, suits in equity, shall be by Mode of 

_,,. , ... • r i i r \ i '■• - • i i i t commenc- 

nJing a bill, setting forth the nature ol the complaint, with the clerk ingsuits in 
of the circuit court of the county, within whose jurisdiction the eauit V- 
defendants, or the major part of them, if inhabitants of this state, 
reside, or if the suit may affect real estate in the county, where the 
same or greater part thereof shall be situated : If the defendants 
are all non-residents, then with the clerk of the circuit court of any 
county : Bills for injunctions to stay proceedings at law, shall be 
filed in the office of the circuit court of the county in which the 
record of the proceedings had, shall be. 

Sec 3. Upon the filing of every bill as aforesaid, the clerk of 
the court aforesaid, shall thereupon issue a summons directed to the 
sheriff of the county, in which the defendant resides, if the de- 
fendant be a resident of # this state, requiring him to appear, and 
answer the bill on the return day of the summons ; and where there 
are several defendants residing in different counties, a separate 
summons shall be issued to each county, including all the defend- 
ants residing therein. The said summons shall be tested in the 
name of the judge of the circuit court, out of which it may issue, 
shall bear date on the day it issues, and be made returnable to the 
next term of the court, after the date thereof, unless the suit be 
brought within ten days immediately preceding any term, in which 
case the summons shall be returnable to the next term thereafter. 

Sec 4. Every summons shall be under the signature of the summons 
clerk of the court, issuing the same, and the service of the sum- 
mons, shall be by delivering a copy thereof to the defendant, or 
leaving such copy at his usual place of abode, with some white 
person of the family, of the age of ten years or upwards, and in- 
forming such person of the contents thereof, which service shall 
be at least ten days before the return day of such summons. 



140 CHANCERY. 

When the Sec. 5. In all cases, where the complainant at the time of issu- 
defendant j n g the summons or afterwards, shall file in the clerk's office the 
sident, can- affidavit of himself, or some credible person, showing satisfactorily 
not be that the defendant resides, or hath gone out of this state, or on due 
conceals r inquiry cannot be found, or doth conceal himself therein, it shall 
himself. be lawful for the clerk to cause notice of the pendency of such suit, 
the time and place to which the summons is returnable, before 
what court, in whose favor, and against whom the suit is pending, 
to be published in one of the newspapers printed in this state, for 
four weeks successively, once at least in every week. But this 
proceeding shall not dispense with the usual exertion, on the part 
of the sheriff, to serve the summons. In case sixty days shall not 
intervene between the filing of the aforesaid affidavit, and the next 
term of the court thereafter, and the defendant shall not be served 
with process, the cause shall be continued until the next term. 
And in case sixty days shall intervene as aforesaid, and the defend- 
ant shall fail to appear on the return day of the writ, then upon 
satisfactory proof to the court, that publication of notice was made 
as aforesaid, the court may order the bill to be taken for confessed. 
And in case of service of process, the like proceedings may be 
had without proof of publication as aforesaid. And if the cause 
shall be continued for the aforesaid cause, then the court at the 
next term, to which the cause is continued, on proof of publica- 
tion of notice or service of process, may order the bill to be taken 
for confessed, if the defendant shall not enter his appearance on 
the first day of such second term ; and in all cases where the bill 
shall be taken for confessed, the court may make such decree 
thereon, as shall be just, and may issue process to compel its per- 
formance, either by sequestration of the real and personal estate, 
and effects of the defendant so absent, or concealed, or not found 
as aforesaid, or such parts thereof as shall be deemed sufficient to 
satisfy the claim or demand of said complainant, or by causing 
possession of the estate or effects demanded by the bill to be de- 
livered to the complainant, or may order the complainant's claim 
or demand to be paid out of the estate, and effects so sequestered 
according to the true intent and meaning of the decree of the said 
court, such complainant giving such security, and in such amount 
as the court may direct ; to abide such order as may be made, 
touching the restitution of such estate and effects, in case the de- 
fendant shall, afterwards appear, and be admitted to defend the suit, 
upon payment of the costs and such other terms as the court may 
direct. If no such security shall be given, the estate and effects 
so sequestered, shall remain under the direction of the court, to 
abide such order as shall be just in the premises. If any person 
residing out of this state as aforesaid, against whom a decree is, or 
shall be made, his heirs, devisees, executor, administrator, or as- 
signs, as the case may require, shall, within one year after notice 
in writing given him or them of such decree, or within three years 
after such decree, if no such notice shall have been given as afore- 
said, appear in open court and petition to be heard, touching the 
matter of such decree, and shall pay such costs as the court shall 
deem reasonable in that behalf the person so petitioning ; may 
appear and answer the complainant's bill, and thereupon, such 



CHANCERY. 141 

proceedings shall be had as if the defendants had appeared in due 
season, and no decree had been made. The decree shall, after 
three years from the making (hereof, if not set aside in manner 
aforesaid, be deemed and adjudged confirmed against such non-re- 
sident defendant, and all persons claiming under him by virtue of 
any act done subsequent to the commencement of such suit ; and 
at the end of the said three years, the court may make such further 
order in the premises as shall be required, and shall be just. 

Sec. 6. If the defendant shall be brought into court by virtue Defendant, 
of any process, being in contempt for refusing to appear, and shall when in 
continue to refuse or neglect to enter his appearance, or to appoint JorTefus- 
a solicitor of the court to do it for him, according to the provisions in S to a P- 
of this act, or the rules of said court, then, and in that case, the pea 
court may appoint a solicitor to enter an appearance of such de- 
fendant, and such further proceedings may be had in the said cause, 
as if the party had actually appeared. 

Sec 7. The judges of the said circuit courts may, from time j nw ] xa t 
to time in their several circuits, establish rules for proceedings in cases 
taking a bill for coufessed, in every case not otherwise provided^ f JJ s / t na2/ 
for by law ; and also for the proceedings necessary to entitle either rules of 
party to a decree or order against the opposite party by default, P roceedm o- 
and in such cases as may occur, where, according to the justice 
and necessity of the case, the same may be required : Nothing 
herein contained shall affect proceedings for divorce in case of 
adultery, but such proceedings shall be prosecuted according to the 
statutes regulating the same, so far as provision shall have been 
made. 

Sec 8. Every defendant who' shall be summoned according to puaoran- 
the provisions of this act, shall file his exceptions, plea, demurrer, sw ^ r when 
or answer to the bill at the time to which the process of summons e 

shall be returnable ; if he fail to do so, the bill may be taken for 
confessed ; but for good cause shewn, the court may extend the 
time for excepting or pleading, and the court may thereupon enter 
an interlocutory decree, which may be made absolute at the next 
term, and carried into effect as other final decrees. If the de- 
fendant shall appear at the next term and offer to file his answer to 
the bill, the court may permit him to do so, upon his showing 
sufficient cause, and paying the costs of the preceding terms ; in 
such case, the decree shall be vacated, and the cause may be pro- 
ceeded in as in other cases. 

Sec 9. Where a bill is taken for confessed, the court, before When Mil 
a final decree is made, if deemed requisite, may order the com- is taken for 

• 1 . , , , i J in confessed. 

plamant to produce documents and witnesses to prove the allega- 
tions of his bill, or may examine him on oath or affirmation, touch- 
ing the facts therein alleged, such decree shall be made in either 
case as the court shall consider equitable and proper. 

Sec 10. Every answer shall be verified by an oath or affirma- Answer to 
tion, taken before and certified by a judge or justice of the peace he verified 
in this state, or the clerk of the court, in which the action is pend- y oa 
ing, or before a judge or justice of the peace, or other person au- 
thorized to administer an oath in the state, territory, kingdom, or 
empire, in wtiich the defendant may be, or reside ; the official 
character of such officer, if out of this state, being attested by the 



142 CHANCERY. 

seal of some court of record, within such state, territory, kingdom, 
or empire. 
When ad- Sec. 11. When an answer shall be adjudged insufficient, the 
insuffi defendant shall file a further answer within such time as the court 
dent, shall direct, and on failure thereof, the bill shall be taken as con- 
fessed ; if such further answer shall be likewise adjudged insuffi- 
cient, the defendant shall file a supplemental answer, and pay all 
costs attendant thereon ; if that shall be adjudged insufficient, the 
defendant may be proceeded against for a contempt, and the like 
proceedings be had thereon to enforce the order of the court, as 
in other cases of contempt. 

Sec. 12. Every defendant shall answer all the interrogatories 
put to him by the complainant in his bill, unless excepted to ; and 
after filing his answer, may exhibit interrogatories to the complain- 
ant, which shall be answered by him, specially, on oath or affirma- 
tion, unless excepted to as improper, and such exceptions allowed, 
and the complainant's answer shall be evidence in the cause, in the 
same manner as the defendant's answer. 
Exceptions Sec. 13. AH exceptions to answers, interrogatories exhibited 
to answers J™ {j le defendant as aforesaid, shall be filed within such time as the 

orivterrosr- J ,-. , , , , -, 

atories court may direct, and be argued at such time as the court may 
when to be appoint. If the complainant's exceptions be overruled, he shall 
" pay costs to the defendant ; and if the defendant's answer be ad- 

judged insufficient, he shall pay costs to the complainant. 
Replica- Sec. 14. Replications shall be filed within four days after an- 

iwn. swer, if such answer be put in [in] term time ; or if in vacation, 

then the plaintiff or his attorney shall have notice of the filing of the 
answer, and which shall be general, and all parties shall have the 
same advantages, as if they were special, and after replication 
filed, the cause shall be deemed at issue, and stand for hearing at 
the next term, or in default of filing such replication, the cause 
may be set for hearing upon bill and answer ; in which case the 
answer shall be taken as true, and no evidence shall be received, 
unless it be matter of record to which the answer refers. When 
the complainant shall require a discovery respecting the matters 
charged in the bill, the disclosure shall not be deemed conclusive, 
but if a replication be filed, may be disproved or contradicted 
like any other testimony, according to the practice of courts of 
equity. 
Courtsmay Sec. 15. The said circuit courts, when sitting as courts of 
extend time equity, may extend the time for answering, replying, pleading, de- 
in°- anSWei ~ niurring, or joining in demurrer, and may permit the parties to 
amend their bills, petitions, pleas, answers, and replications, on 
such terms as the court may deem proper, so that neither party be 
surprised or delayed thereby. 
May direct Sec 16. The said circuit courts may, in their discretion, di- 
issuesto be rec ,t an issue or issues, to be tried by a jury whenever it shall be 
judged necessary in any cause in equity, pending in any of the 
said courts. In all other causes in equity, the mode of trial shall 
be the same as has been heretofore practised in courts of chan- 
cery. 

Sec. 17. If in any suit or action now pending, or which shall 
hereafter be brought in any court of chancery, there are or shall 



tried by 
jury 



CHANCERY. 143 

be two or more complainants or defendants, and one or more of Complain- 
them die, (if the cause of such action or suit survive to the sur- X%nd<fnts 
viving complainant or complainants, or against the surviving de- where one 
fendant or defendants,) such suit or action shall not thereby be °J ie more 
abated, but such death being suggested and shewn to the satisfac- 
tion of the court, such suit or action shall proceed at the suit of 
the surviving complainant or complainants, and against the sur- 
viving defendant or defendants. 

Sec. 18. Where there shall be two or more complainants or When 
defendants, in any suit or action in chancery as aforesaid, and any cause qfac- 
of them die, and the cause of action do not survive, but bthet not survive. 
persons shall become parties in interest, in right, or by the death of 
such deceased party, such suit or action shall, by reason of such 
death, be abated only with respect to such deceased party. The 
surviving complainant or complainants may proceed against the 
surviving defendant or defendants without reviving the suit against 
the representatives of the deceased party, or any other who may 
become interested by the death of such party ; but in such case, 
such representatives or other persons becoming interested by the 
death of such party, shall not be bound by any order or decree in 
such cause to which they are not made parties ; and they may be 
made parties in the manner hereinafter provided. 

Sec 19. In all cases where all the complainants or defendants, 
in any suit now pending, or hereafter to be brought in any court of 
chancery, shall die before final decree, such suit or action shall 
not thereby be abated, but may be revived in the name of the 
legal representatives of the deceased, or other person becoming 
interested in the cause of action by the death of such party. 

Sec 20. Where any complainant or complainants in any suit When rep- 
in chancery shall wish to make the representatives of any deceased r esentatwes 
defendant, or others who may become interested by the death of to be made 
such defendant parties to such suit, no bill of revivor shall be P arties - 
necessary, but such death being suggested, and shewn to the satis- 
faction of the court, or clerk in vacation, a summons in the nature 
of a scire facias may be issued against all persons residing in this 
state, so to be made parties ; such court or clerk may make an 
order of publication, as to all such as are non-residents, or whose 
names are unknown, in the same manner as in the case of non- 
resident, or unknown original defendants, which summons shall be 
served and returned, and such order published in the same man- 
ner, and with the like effect to all intents and purposes as is requir- 
ed in like cases of summoning or notifying original defendants. If 
any person so summoned or notified shall not, within such time 
after service or publication as the court shall limit or appoint, ap- 
pear and put in his answer, or signify his declaimer of the suit 
and the matters in controversy therein, the complainant or com- 
plainants may cause his appearance to be entered, and in such 
case the answer of the deceased party, if any there be, shall be 
deemed and taken as and for the answer of such representatives 
or other person summoned or notified' as aforesaid ; if their be no 
answer, proceedings shall be had in all respects against such per- 
son, as if he had been originally a defendant : when such deceased 
party shall have been complainant, in any such suit pending as 



144 CHANCERY. 

aforesaid, the lawful representative of such deceased complainant, 
or any other person or persons who may have become interested 
in the cause of action by the death of such complainant, shall 
and may, upon affidavit thereof by him or them, or by any other 
competent person, and on motion made in court, be, by the rule 
and order of the court, inserted as a complainant or complainants, 
in the, said suits, and be permitted to make such amendments in the 
bill, as bis, her, or their title or interest therein may require ; to 
which amendments the defendants shall be compelled to answer as 
to the original bill ; if such person or persons shall not, within 
such time as the court shall limit and appoint, cause himself, her- 
self, or themselves to be entered as complainant or complainants 
in the room of such deceased complainant, then the surviving 
complainants, (if any,) shall proceed in such suit against the de- 
fendant or defendants : If there be no such surviving complain- 
ant, and the representatives of the deceased complainant, or other 
persons interested, shall not appear as aforesaid, the suit shall be 
abated. 
Whcnade- Sec. 21. Whenever a decree shall be made in" any suit in 
d? Ttk ec l mt y? directing the execution of any deed or other writing, and 
execution the party against whom the same shall have been entered shall not 
of a deed, comply therewith, within the time required, it shall be lawful for 
the court to appoint a commissioner to execute the same ; the 
execution thereof by such commissioner shall be as valid in law 
to pass, release, or extinguish the right, title, and interest of the 
party on whose behalf it is executed, as if it had been executed 
by such party in proper person, in conformity with such decree ; 
and such deed or other writing, if it relate to land, shall, within 
six months after its execution by such commissioner, be recorded 
in the office of the recorder of the county wherein the lands may 
lie ; and if it be not recorded as aforesaid, it shall be void as to 
subsequent bona fide purchasers, without notice. In all cases 
where a sale of property is decreed, the court may direct the 
same to be made for cash, or on such credit, and on such terms 
as it may deem best and most equitable to the interests of the 
several parties. 
Decrees Sec. 22. All decrees given in causes in equity in this state, 

shall be shall be a lien on real estate, and shall have the same force and 
real estate. effect as judgment at law. If no commissioner be appointed to 
carry such decree into effect, such decree may be carried into 
effect by execution or other final process, according to the nature 
of the case, directed to the sheriff or other officer of the proper 
county ; which when issued, shall be executed and returned by 
the sheriff or other officer to whom it may be directed, and shall 
have the same operation and force, as similar writs issued upon a 
judgment at law. The sheriff or other officer to whom the same 
is directed, shall be subject to the like penalties and recoveries for 
misconduct or neglect in the execution or return thereof, as in 
cases at law ; or the court may, if necessary, direct an attach- 
ment to be issued against the party disobeying such decree, and 
fine or imprison him, or both, in the discretion of the court, 
and may also direct a sequestration for disobedience of any 
decree. 



CHANCERY. 145 

Sec. 23. In any cause in equity it shall be lawful for the court Court may 
in which the cause is pending to appoint a guardian ad litem, to any ^^dLn 
infant, or insane defendant in such cause, whether such infant or ad litem. 
insane defendant shall have been served with process or not, and 
to compel the- person so appointed to act. By such appointment 
such person shall not be rendered liable to pay costs of suit ; and 
he shall moreover be allowed a reasonable sum for his charges as 
such guardian, to be paid by the party at whose motion he was ap- 
pointed, to be taxed in the bill of costs. 

Sec 24. All acts and parts of acts coming within the intent, Actsrepeal. 
spirit, and meaning of this act, and the objects and proceedings to [See ad- 
which it relates, and heretofore in force in this state, are hereby ditixmalact 
repealed. No« proceedings, however, had, or rights seemed under \ Convcy- 
them, shall be in any way impeded or impaired, but may be prose- ances, title, 
cuted and enforced as if this act had not taken effect. This act to anccs^f' 
take effect on the first day of June next. 

Approved Feb. 13, 1833. 



AN ACT to provide for issuing writs of Ne Exeat and Habeas In force 
Corpus , and for other purposes. 18 |g_ ' 

Sec. 1. Be it enacted by the People of the State of Illinois, re- Duty of 
presented in the General Assembly, That it shall be the duty of circuit 
each Circuit Judge, within his Judicial Circuit, in each county, to^^J^ 
appoint a competent and qualified person to be a master in Clvan- masters in 
eery in such county, who shall take an oath to support the Con- clancery ' 
stitution of this State and of the United States, and also an oath 
that he will faithfully perform the duties of his office, which oath 
may be taken and subscribed before any Justice of the Peace of 
the county. 

Sec 2. That, the said masters in Chancery, within their Their 
respective counties, shall have power to order the issuing of writs P oweis ' 
of Habeas Corpus, Ne Exeat and Injunction, in the absence of 
the Judge presiding in such county, and they shall perform such 
other services in aid of the Courts of Chancery as are usual by the 
practice of the Courts of Chancery to be performed by them. 
They shall, also, when a writ of Ne Exeat or Injunction is about 
to be ordered to be issued by them, approve of the security. 

Sec 3. The said masters in Chancery shall be entitled to the Fees. 
sum of one dollar for each application for a writ of Injunction or 
Ne Exeat, to be paid by the party applying in the first instance) 
and then taxed as other costs against the unsuccessful party. 

Sec 4. For the services of the said masters in Chancery, con- 
cerning references and reports made by them, they shall be entitled 
to such reasonable compensation as shall be allowed by the Circuit 
Court of the county, to be taxed as other costs. 

Approved, Feb. 11, 1835. 



19 



146 CLERKS. 



CLERKS. 

AN ACT to authorize Clerks of the circuit and county com* 
In force missioiiers'' court to appoint deputies in certain cases. 

Feb. 9, 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That the several clerks of the 
Mai a - circuit and county commissioners' courts, in this state, be, and 
point de- they are hereby authorized to appoint deputies, who shall severally 
puhes. ta k e an oatn r or tne f a j(hf u ] discharge of the duties of their office, and 
for whose conduct the principal clerk shall, in all cases, be re- 
sponsible. , 

Sec. 2. The principal clerk shall, in all cases, attend in person 
To attend to the duties of his office, when it is practicable, or when the 
in person duties f the office are not greater than can be performed by one 

when prac- " L * 

ticable. person. 

Sec. 3. Whenever any clerk, as aforesaid, shall reside at such 
a distance from the seat of justice of his county that he cannot give 
his daily attendance to the duties of his office, and shall not, within 
near seat of six months from the passage of this act, remove to the county 
justice, geat ^ or w j t [ 1 j n sucn a distance that he can and will give his daily 
attendance to the duties of his office, the office shall be taken and 
deemed vacant ; and the presiding judge of the circuit court, and 
the county commissioners' court, at their first session, after being 
informed of the fact, shall proceed to fill such vacancy. This act 
to take effect from and after its passage. 

Approved, Feb. 9, 1831. 






Clerk to re 
side at 01 



Or forfeit 
his office. 



in force AM ACT to compensate Clerks and other persons for services ren* 
1833. ' dered in comparing poll books. 

Sec 1. Be it enacted by the people of the slate of Illinois, re* 
presented in the General Assembly, That in all elections of mem- 
bers to the general assembly, which may take place hereafter, 
In elections w i )en different counties vote in conjunction, it shall be the duty of 

for mem- , , •* r , . J 

bersofg-en.the county commissioners courts ot the counties so voting, to 
assembly appoint their clerk, or some other suitable person, whose duty it 

where seve- ,1,1 , r 1 11 • 1 

rai counties sliall be to carry the vote ol each county, to the place appointed 
vote f 01 - comparing the polls, and it shall be the duty of the county 

together. . I & , \ c\u .1 a 11 

commissioners court ot the county where the polls are so com- 
pared, to compute the number of miles each clerk or other person 
shall travel in going and returning from the county where he is so 
appointed, 10 the place of comparing the polls ; and it shall be the 
duty of the county commissioners' court, where the polls are so 
compared, 10 make an allowance to said clerks or other persons, 
who may take the vote of each county, as aforesaid, a cornpensa- 
lowei al ~ t ' on ? not exceeding six cents per mile, going to and returning from 

mileage. 



CLERKS. 147 

said place of comparing, to be paid equally out of the county 
treasuries of the respective counties in which said clerk or other 
person may be appointed ; and it shall be the further duty of the 
county commissioners' courts when the polls are so compared, to 
make an estimate of all the expense so incurred by the counties 
respectively voting together, and divide the same among said 
counties so voting respectively, and shall give to each clerk or 
other person a certified statement of the same, under the seal of 
said court ; and it shall be the duty of the county commissioners' 
court of the county where said clerk or other person shall be ap- 
pointed, on the production of said certified statement, to pay to 
said clerk or other person the amount which appears to be due him 
out of the county treasury. 

Sec. 2. In all cases where services have been rendered by where ser- 
clerks or other persons, at the last general elections, and for which vice has 
compensation has not already been allowed, it shall be the duty of deTedand 
the respective courts to make the allowance herein provided for by not allowed, 
the first section of this act. 

Approved, Feb. 25, 1833 



JIN J1CT requiring Clerks of courts to renew their official bonds in force 

periodically. Feb > 26 > 

Sec. 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That at the September term of the Clerks of 
county commissioners' courts, in the year eighteen hundred and ff m c °^! y 
thirty-three, the clerks of the several county commissioners' courts of sio?iers> 
this state, shall renew their official bonds, with security, to be ap- ^{reVto 
proved by the courts of which they are clerks, in the penalty and renew their 
conditioned, as required by law ; which bond, when approved, bonds - 
shall be spread upon the records ; and such clerks shall be required 
every four years thereafter, to give a new bond, to be approved 
and spread upon the record in like manner. 

Sec 2. The clerks of the circuit and supreme courts of this clerks of 
state are hereby required, on or before the fall or winter term, in the su-' 
the year eighteen hundred and thirty-three to renew their official Circuit 
bonds, with security, to be approved of by the courts of which courts shall 
they are clerks, in the penalty and conditioned, as required by JJJJJfe r 
law ; which bond shall be spread upon the records of the courts 
of which they are clerks respectively ; and every four years 
thereafter, such clerks shall renew their official bonds, with security, 
penalty and condition as aforesaid ; and to be spread upon the re- 
cords in like manner. 

Sec 3. When any such bonds shall be given, it shall be the Said bovds 
duty of the clerk immediately to transmit the same to the office oVp be fi led 
secretary of state, who shall file and preserve the same in his % ofihe \ec* 
office ; and if any clerk shall fail to give, or renew his official bond, retary of 
as required by this act, it shall be the duty of the court of which 
he is clerk, thereupon, to remove him from office. 

Approved, Feb. 26, 1833. 



ances. 



148 CONVEYANCES. 



CONVEYANCES.* 
In force JIN J1CT concerning conveyances of Real Property. 

•July 1 , 

1827. 

Sec. 1. Beit enacted by the people of the state of Illinois , repre- 
Livery of sented in the General Jlssembly, That livery of seizin shall in no 
seizin un- case De necessary for the conveyance of real property ; but every 
deed, mortgage, or other conveyance in writing, sinned and sealed 
by the party making the same, the maker or makers being of full 
age, sound mind, discovert, at large, and not in duress shall be 
sufficient, without livery of seizin, for the giving, granting, selling, 
mortgaging, leasing or otherwise conveying or transferring any 
lands, tenements, or hereditaments in this state ; so as to all in- 
tents and purposes, absolutely and fully to vest in every donee, 
grantee, bargainee, mortgagee, lessee, or purchaser, all such estate 
or estates as shall be specified in any such deed, mortgage, lease, 
or other conveyance : Nothing herein contained shall be so con- 
strued as to divest or defeat the older or better estate or right of 
any person or persons, not party to any such deed, mortgage, 
lease, or other conveyance. 
Effects of Sec 2. Every estate, feoffment, gift, grant, deed, mortgage, 
™"ZV' lease, release, or confirmation of lands, tenements, rents, services, 
or hereditaments made or had, or hereafter to be made or had, by 
any person or persons being of full age, sound mind, discovert, at 
large, and not in duress to any person or persons ; and all re- 
coveries, judgments, and executions fiad or made, or to be had or 
made, shall be good and effectual to him, her, or them to whom it 
is, or shall be so made, had, or given, and to all others ; to his, 
her, or their use, against the judgment debtor, seller, feoffor, 
donor, grantor, mortgagor, lessor, releasor, or confirmor, and 
against his, her, or their heirs, or heirs claiming the same, only as 
heir or heirs, and every of them ; and against all others having or 
claiming any title or interest in the same, only to the use of the 
same judgment debtor, sellor, feoffor, donor, grantor, mortgagor, 
lessor, releasor, or confirmor, or his, her, or their said heirs, at 
the time of the judgment, execution, bargain, sale, mortgage, cove- 
nant, lease, release, gift, or grant made. 
Operation Sec 3. Where any person or persons stand or be seized, or at 
of convey- an y time hereafter shall stand or be seized of, and in any mes- 

ance to use, J , . . . i , 

^ c . suages, lands, tenements, rents, services, reversions, remainders, 

or other hereditaments, to the use, confidence, or trust of any 
other person or persons, or of any body politic, by reason of any 
bargain, sale, feoffment, fine, recovery, covenant, contract, agree- 
ment, will, or otherwise, by any manner of means whatsoever ; in 
every such case, all and every such person or persons, and bodies 
politic, that have, or hereafter shall have any such use, confidence, 
or trust in fee simple, for term of life or for years, or otherwise, 
or any use, confidence or trust in remainder or reversion, shall 
from thenceforth stand and be seized, deemed and adjudged, in 
lawful seizin, estate and possession of, and in the same messuages, 



* See " Recorder," Sec. 2. 



CONVEYANCES. 149 

lands, tenements, rents, services, reversions, remainders, and 
hereditaments, with their appurtenances, to all intents, construc- 
tions, and purposes in law, of, and in such like estates, as they had 
or shall have in use, confidence or trust, of, or in the same ; and 
that the estate, right, title, and possession, that was or shall be in 
such person or persons that were, or hereafter shall be seized of 
any lands, tenements, or hereditaments, to the use, confidence, or 
trust of any such person or persons, or of any body politic, be 
from henceforth clearly deemed and adjudged to be in him, her, 
or them, that have, or hereafter shall have such use, confidence, or 
trust, after such quality, manner, form, and condition, as they 
had before in, or to the use, confidence, or trust that was or shall 
be in them. 

Sec. 4. Any person claiming right or title to lands, tenements, convey- 
or hereditaments, although he, she, or they may be out of pos? ances valid, 
session, and notwithstanding there may be an adverse possession ^SLe- 
thereof, may sell, convey, and transfer his or her interest in and to adverse 
the same, in as full and complete a manner as if he or she were in P ossesston - 
the actual possession of the lands and premises intended to be con- 
veyed ; and the grantee or grantees shall have the same right of 
action for the recovery thereof ; and shall in all respects derive the 
same benefit and advantage therefrom, as if the grantor or grantors 
had been in the actual possession at the time of executing the con- 
veyance. 

Sec 5. No estate in joint tenancy, in any lands, tenements or Who may 
hereditaments, shall be held or claimed under any grant, devise, tenants and. 
or conveyance, whatsoever, heretofore or hereafter made, ether h °w created 
than to executors and trustees, unless the premises therein men- 
tioned, shall expressly be thereby declared to pass, not in tenancy 
in common, but in joint tenancy ; and every such estate, other 
than to executors or trustees, (unless otherwise expressly declared 
as aforesaid,) shall be deemed to be in tenancy in common. 

Sec 6. In cases where by the common law any person or per- Entails not 
sons might hereafter become seized in fee tail of any lands, tene- allowed. 
ments, or hereditaments, by virtue of any devise, gift, grant, or 
other conveyance, hereafter to be made, or by any other means 
whatsoever, such person or persons, instead of being or becoming 
seized thereof in fee tail, shall be deemed and adjudged to be, and 
become seized thereof, for his or her natural life only, and the re- 
mainder shall pass in fee simple absolute, to the person or persons 
to whom the estate tail would, on the death of the first grantee, 
devisee, or donee in tail, first pass, according to the course of the 
common law, by. virtue of such devise, gift, grant, or conveyance. 

Sec 7. If any person shall sell and convey to another, by deed Title per- 
or conveyance, purporting to convev an estate in fee simple abso- f eded a f ter 

, . J rii i 1 • i i • • i ■ conveyance 

lute, in any tract ot land or real estate, lying and being in this state, inures to 
not then being possessed of the legal estate or interest therein at S" rantee - 
the time of the sale and conveyance, but after such sale and con- 
veyance, the vendor shall become possessed of, and confirmed in 
the legal estate, to the land or real estate so sold and conveyed, it 
shall be taken and held to be intrust, and for the use of the grantee 
or vendee ; and the conveyance aforesaid shall be held and taken. 



150 CONVEYANCES. 

and shall be as valid as if the grantor or vendor had the legal estate 
or interest, at the time of said sale or conveyance. 
Deeds of Sec. 8. Every deed conveying real estate, which by any other 
ifbT™™ instrument in writing, shall appear to have been intended only as a 
corded in security in the nature of a mortgage, though it be an absolute con- 
t irty days. ve yance j n terms, shall be considered as a mortgage ; but the per- 
son or persons for whose benefit any such deieasance, or other 
writing, intended to operate as a defeasance is made, shall not have 
the benefit thereof, unless the defeasance or other writing intended 
to operate as such, shall be recorded in the office in which the 
absolute deed is required to be recorded, within thirty days after 
such absolute deed is recorded. 
All deeds or Sec 9. Every deed, grant, bargain, conveyance, mortgage, 
in^s con- 1 ' defeasance, bond, covenant, or other writing of, and concerning 
cerning any lands, tenements, hereditaments, or real estate, within this 
l aclaiow- be state, whereby the same may be affected in law or equity, (may, 
ledgedor in order to entitle any of the before enumerated writings to be re- 
/bre Record- corf 'ed,) be acknowledged by the party or parties executing the 
'fid. same in proper person, or by his, her, or their lawful attorney, 

authorized by power in writing for that purpose specially, or proved 
by one or more of the subscribing witnesses thereto, before one of 
the judges of the supreme or circuit court of this state, or before 
one of the clerks of the circuit court, and certified by such clerk, 
under the seal of the said court, or before one of the justices of 
the peace of the county where the land intended to be affected or 
flow -non- conveyed shall lie ; but where the party or parties executing such 
residents wr it j n2 r ] 1V e or be out of this state, the same may be acknowledged 

ynay con- . n 5 „ , . . . r . ' /. r & , 

veyland in belore one oi the judges oi the supreme or district court ol the 

this state. United States or of the superior courts in any of the United States 

or territories, or before any clerk of any court of record, in any of 

the United States or their territories, and certified by such clerk 

under the seal of the court. 

And how Sec lQ. All acknowledgments and proofs of any deeds, con- 

authentica- • • i r • j i i ■ 

ted. veyances or writings made as aioresaid, by persons, being or re- 

siding out of the United States at the time of the execution thereof, 
for the conveyance of any lands in this state, taken or made before 
the mayor or chief officer of any city in the kingdom or govern- 
ment, where the party or parties executing the same may reside or 
be, and duly certified under the seal of office of the said mayor or 
principal officer, shall be of like force and validity ; and entitle the 
same to be recorded, as if the same were acknowledged in the 
manner prescribed in the preceding section of this act. 
Duty of g EC \\ ]y judge or other officer shall take the acknowledg- 

or other Se ment of any person to any deed or instrument of writing as 
officer, tak- aforesaid, unless the person offering to make such acknowledgment 
aefrtowL shall be personally known to him to be the real person who, and in 
ledgment whose name such acknowledgment is proposed to be made, or 
feeds shall be proved to be such, by a credible witness, and the judge or 

officer taking such acknowledgment shall, in his certificate thereof, 
state, that such person was personally known to him to be the per- 
son whose name is subscribed to such deed or writing, as having 
executed the same, or that he was proved to be such by a credible 
witness, (naming him,) and on taking proof of any deed or instru- 






CONVEYANCES. 151 

ment of writing by the testimony of any subscribing witnesses, the 
juda;e or officer shall ascertain, that the person who offers to prove 
the same, is a subscribing witness, either from his own knowledge, 
or from the testimony of a credible witness ; and if it shall appear 
from the testimony of such subscribing witness that the person 
whose name appears subscribed to such deed or writing, is the 
real person who executed the same, and that the witness subscribed 
his name as such, in his presence and at his request, the judge or 
officer shall grant a certificate, stating that the person testifying as 
subscribing witness was personally known to him to be the person 
whose name appears subscribed to such deed as a witness of the 
execution thereof, or that he was proved to be such by a credible 
witness, (naming him) and stating the proof made by him ; and 
where any grantor or person executing such deed or writing and 
the subscribing witnesses are deceased, or cannot be had, the judge 
or officer, as aforesaid, may take proof of the hand writing of such 
deceased party and subscribing witness or witnesses (if any) and 
the examination of a competent and credible witness, who shall 
state on oath or affirmation, that he personally knew the person, 
whose hand writing he is called to prove, and well knew his signa- 
ture, (stating his means of knowledge,) and that he believes the 
name of such person subscribed to such deed or writing, as party 
or witness, (as the case may be,) was thereto subscribed by such 
person ; and when the hand writing of the grantor or person exe- 
cuting such deed or writing, and of one subscribing witness, (if 
any there be,) shall have been proved as aforesaid, the judge or 
officer shall grant a certificate thereof, slating the -proof aforesaid. 

Sec. 12. It shall and may be lawful for any married woman to R e iin- 
release her right of dower, of, in, and to any lands and tenements, quishment 
whereof her husband may be possessed or seized, by any legal or 
equitable title during coverture, by joining such husband in the 
deed or conveyance, for the conveying of such lands and tene- 
ments, and appearing and acknowledging the same before any judge 
or other officer authorized to take acknowledgments by this act ; 
and it shall be the duty of such judge or other officer, if such wo- 
man be not personally known to him, to be the person who sub- 
scribed such deed or conveyance, to ascertain the same by the tes- Idenhi V °f 

* , J 7 , i-ii- J , person how 

timony, ot at least one competent and credible witness ; and upon ascertained. 
being satisfied of that fact, shall acquaint such woman with the 
contents of the deed or conveyance, and shall examine her sepa- 
rate and apart from her husband, whether she executed the same, 
and relinquished her dower to the lands and tenements therein 
mentioned, voluntarily, freely, and without compulsion of her said 
husband ; and if she acknowledge that she executed the same, and 
relinquishes her dower in the lands and tenements therein mentioned 
voluntarily and freely and without the compulsion of her husband, 
such judge or other officer shall grant a certificate, to be endorsed 
on, or annexed to such deed, stating that such woman was person- Certificate. 
ally known to him, or was proved by a witness, (naming him,) to 
be the person who subscribed such deed or writing ; and that she 
was made acquainted with the contents thereof, and was examined, 
and acknowledged such deed as aforesaid ; which, being recorded, 
together with the deed, duly executed and acknowledged by the 



152 CONVEYANCES. 

Effect of. husband according to law, shall be sufficient to discharge and bar 
the claim of such woman to dower, in the lands and tenements con- 
veyed by such deed or conveyance. 
Husband Sec. IS. When any husband and wife residing in this state, 
mayccmvey sna ^ w * sn t0 convey the real estate of the wife, it shall and may be 
real estate lawful for the said husband and wife, she being' above the age of 
oft ewift. e jg} Heen vearS) to execute any grant, bargain, sale, lease, release, 
feoffment, deed, conveyance, or assurance, in law whatsoever, for 
the conveying of such lands, tenements, and hereditaments ; and 
if after the executing thereof, such wife shall appear before some 
Acknow- juoVe or t{ ier officer, authorized by this act to take acknowledg- 
ments, to whom she is known, or proved by a credible witness to 
be the person who executed such deed or conveyance, such judge 
or other officer shall make her acquainted with, and explain to her 
the contents of such deed or conveyance, and examine, her sepa- 
rate and apart from her husband, whether she executed the same 
voluntarily, freely, and without compulsion of her said husband ; 
and if such woman shall, upon such examination, acknowledge 
such deed or conveyance to be her act and deed, that she executed 
the same voluntarily and freely, and without compulsion of her hus- 
band, and does not wish to retract, the said judge or other officer 
shall make a certificate endorsed on, or annexed to such deed or 
conveyance, stating that such woman was personally known to the 
said judge or other officer, or proved by a witness, (naming him,) 
to be the person who subscribed such deed or conveyance, and 
setting forth that the contents were made known and explained to 
her, and the examination and acknowledgment aforesaid ; and such 
deed, (being acknowledged or proved according to law as to the 
husband,) shall be as effectual inlaw as if executed by such woman 
only "as 6 ™ e while sole and unmarried. No covenant or warranty contained in 
quit-claim any such deed or conveyance, shall in any manner bind or affect 
JJJ^k e such married woman, or her heirs, further than to convey from her 
and her heirs effectually, her right and interest expressed to be 
granted or conveyed in such deed or conveyance. 

Sec. 14. Where any feme covert, not residing in this state, 

Feme being above the age of eighteen years, shall join with her husband, 

coverts m an y ^ eQ ^^ mortgage, conveyance, or other writing of, or re- 

outoffhis lating to any lands or real estate situated within this state, she shall 

state how thereby be barred of, and from all claim of dower, and all other 

interest, claim, seizin, right, and title therein, in like manner as if 

she were sole and of full age ; and. the acknowledgment or proof 

of such deed, mortgage, conveyance or other writing, may be the 

same, as if she were sole, and shall entitle such deed, mortgage, 

conveyance, or other writing, to be recorded, as is authorized by 

this act. 

Sec 15. All grants, bargains, sales, leases, releases, mortga- 
Dceds ^o&eges, defeasances, conveyances, bonds, contracts, and agreements, 
IseTstute °f anQ< concerning any lands, tenements, or hereditaments, or 
recorder] as whereby the same may be affected in law or equity, whether exe- 
non?est -Ciited within or without this state, shall be recorded in the re- 
dents. corder's office in the county where such lands, tenements, or he- 
reditaments are lying and being, within twelve months after the 
execution of any such writings ; and every such writing, that shall, 



CONVEYANCES. 153 

at any time after the publication hereof, remain more than twelve 
months after the making of such writing, and shall not be proved 
and recorded as aforesaid, shall be adjudged fraudulent and void 
against any subsequent bona fide purchaser or mortgagee, for valua- 
ble consideration, unless such deed, conveyance, or other writing 
be recorded as aforesaid, before the proving and recording of the 
deed, mortgage, or writing, under which any such subsequent pur- 
chaser or mortgagee shall claim. 

Sec. 16. All powers or letters of attorney, or agency, author-' p owers f 
izing the granting, selling, conveying, assuring, releasing, or trans- attorney 'to 
ferring, or for the executing or acknowledging of any grants, sales, erecor ed - 
leases, assurances, or other conveyances, or writings whatsoever, 
concerning any lands and tenements, or whereby the same may be 
affected in law or equity, shall be acknowledged or proved, and 
recorded as herein before required in cases of deeds and other as- 
surances, after which, all grants, conveyances, and assurances, 
made and acknowledged, pursuant to the powers granted, unless ?obe ac~ 
the same be revoked by a deed, duly acknowledged and proven, *knowiedged 
and recorded as aforesaid, shall be as valid and effectual as if exe- orp70Ve ' 
cuted and acknowledged by the constituent or constituents.* 

Sec. 17. Every deed, conveyance, or other writing, of, or Deeds 
concerning any lands, tenements, or hereditaments, which, by horded or 6 ' 
virtue of this act, shall be required or entitled to be recorded as not may be 
aforesaid, being acknowledged or proved according to the provi- r J^™ em ~ 
sions of this act, whether the same be recorded or not, may be 
read in evidence without any further proof of the execution thereof, 
and if it shall appear to the satisfaction of the court, that the ori- When the 
ginal deed so acknowledged or proved, and recorded, is lost or not Zsf^a lopy 
in the power of the party wishing to use it, a transcript of \he from the 
record thereof, certified by the recorder in whose office the samej^'"^ 
may be recorded, may be read in evidence, in any court of this evidence. 
state, without proof thereof. 

Sec 18. All acts and parts of acts coming within the purview Acts repeal- 
of this act, are hereby repealed. 

This act to take effect from the first day of July next. 

i Approved, Jan. 31, 1827. 



AN ACT authorizing Courts of Chancery to decree conveyances In force 
in certain cases. December 

27, 1824. 

Sec. 1. Be it enacted by the people of the State of Illinois, re- 
presented in the General Assembly, That where any person or 
persons, who have heretofore entered, or may hereafter enter, into 
any contract, bond, or memorandum, in writing, to make a deed or 
title to land in this state, for a valuable consideration, and shall 
depart this life, or have died heretofore, without having executed 
and delivered said deed, it shall and may be lawful for any court 

* Amended. See "act abolishing the office of Slate Recorder,^ Set, 5. 

20 



154 CONVEYANCES. 

having chancery jurisdiction, in the proper circuit in which such 
case shall arise, to make decree compelling the executors or ad- 
ministrators of such deceased person to execute and deliver such 
deed to the party having such equitable right, as aforesaid, to the 
same, or his heirs, according to the true intent and meaning of 
said contract, bond, or memorandum, of the deceased ; and all 
such deeds shall be good and valid in law. 

Sec. 2. That it shall not be lawful for any court to make such 
decree as aforesaid, except upon the petition in writing of the 
person entitled to the benefit of the same, or his heirs, setting forth 
the said contract, bond, or memorandum in writing, and f u 11 v de- 
scribing the lands to be conveyed ; nor until the person or persons 
so applying for such title, shall have given reasonable notice of the 
time and place of such application ., to the executors, administrators, 
and heirs of such person so deceased as aforesaid, and shall have 
fully paid, discharged, and fulfilled the consideration of such con- 
tract, bond, or memorandum, in writing, according to the true 
intent, tenor, and effect theieof. 

Sec 3. That in all cases where any minor heirs shall be inter- 
ested in such proceeding, as aforesaid, reasonable notice of such 
application shall be given to the guardian or guardians of such 
minors ; and if there shall be no guardian, then the said court shall 
appoint a guardian or guardians, to litigate and act in such case. 

Sec 4, That the executors, administrators, or heirs of any 
deceased person or persons, who shall have made such contract, 
bond, or memorandum in writing as aforesaid, in his or her life 
time, for the conveyance of land, for a valuable consideration, 
when such consideration has been paid and fulfilled as aforesaid, 
may, upon application in writing, obtain such decree as aforesaid, 
upon giving notice to the party to whom such deed is intended to 
be made, and under the same condition as is provided in this act. 

Sec 5. That in all cases where application shall be made as 
aforesaid, the court shall have power to continue the same from 
term to term, to obtain such evidence as the nature of the case 
shall require ; and no decree for the conveyance of land, upon ap- 
plication as aforesaid, shall be made, unless the said courts shall be 
satisfied that decree can be made without injustice to any heir or 
creditor of the deceased, and that the same is just and equitable. 

Sec 6. That a complete record of such petition and proceed- 
ings thereon shall be made, and the court shall decree payment of 
costs as shall appear right and equitable. 

This act to take effect and be in force from and after the passage 
thereof. 

Approved, December 17, 1824. 



CONVEYANCES. 155 

•#JV ACT to amend the act concerning the conveyance of real In ft 
property, approved, January 31, 1827, and for other purpose 



January 

22, 1829. 



Sec. 1 . Be it enacted by the people of the State of Illinois, re- Be r nre 
presented in the General Assembly, That all deeds and conveyances whom deeds 
of lands lying within this state, may be acknowledged or proved jj™^£ c ac " 
before cither of the following named officers, to wit : any judge or edged, 
justice of the supreme or district court of the United States ; any 
commissioner to take acknowledgments of deeds ; any judge or 
justice of the supreme, superior, or circuit court, of any of the 
United States, or their territories ; any clerk of a court of record ; j us ti ces f 
mayor of a city ; or notary public ; but when such proof or m- the peace to 
knowledgment is made before a clerk, mayor, or notary public, h fslud 
shall be certified by such officer, under his seal of office. Such 
proofs and acknowledgments may also be made before any justice 
of the peace ; but if such justice of the peace reside out of this f^"f out 
state, there shall be added to the deed a certificate of the proper state. 
clerk, setting forth that the person before whom such proof or 
acknowledgment was made, was a justice of the peace at the time 
of making the same. If such justice of the peace reside within 
this state, the certificate of the clerk of the county commissioners' 
court, of the proper county, under his seal of office, that the person stateT 
taking such proof, or acknowledgment, was a justice of the peace 
at the time of taking the same, shall be deemed sufficient evidence 
of that fact. If such justice reside within the county, where the Within the- 
lands conveyed are situate,. no such certificate shall be required, county. 
All deeds and conveyances which have been, or may be, acknowl- 
edged or proved in the manner prescribed in this section, shall be 
deemed as good and valid in law, as if the same had been acknowl- 
edged or proved in the manner prescribed in the ninth section of 
the act to which this is an amendment. 

Sec 2. Any conveyance or assignment of certificates of the Assign- 
purchase of land sold for taxes by the auditor of public accounts, ^ i e f ^^ au "' 
may be acknowledged before said auditor, and such acknowledg- ajtcate. 
ment shall be deemed good and valid. 

* Sec 3. All residents of this state who shall have acquired, Residents' 
or may hereafter acquire, title to any lands in this state, which be* recorded 
lands are not situate in the county or counties in which he, she, or m the state* 
they may reside, may record the same in the state recorder's office, J5£. cr ' ,a 
and such record shall be as valid as though the same were recorded 

in the county or counties where the lands, conveyed thereby, are 
situated. The sixth section of the " act establishing a recorder's 
office, for the state," is hereby repealed. 

* Sec 4. All deeds and conveyances of land lying within this Deeds to be 
state, which may be executed in this state, after the first day of^SnsL 
June next, shall be recorded within six months after the execution months, or 
of such deeds and conveyances, respectively ; and if not recorded 6 ^^ as 
within that time, they shall be adjudged void as against any subse- subsequent 
quent purchaser, or mortgagee, for valuable consideration, unless V urchasers - 
such deed or conveyance shall be recorded before the recording of 

* Amended, See " an act abolishing- the office of State Recorder^" 



150 



CONVEYANCES. 



the deed or conveyance under which such subsequent purchaser, 
or mortgagee, shall claim. 

This act to be in force, from and after its passage. 

Approved, January 22, 1829. 



In force 
Jan. 7, 
1835. 



Convey- 
ances, <SfC. 
heretofore 
made, valid. 



Co. Com. 
authorized 
to execute 
deeds, &c. 



AJf ACT concerning Conveyances by County Commissioners. 

Sec. 1. Be it enacted by the people of the State of Illinois, re- 
presented in the General Assembly, That all deeds, grants, convey- 
ances and bonds, heretofore executed by the commissioners of any 
county in this State without fraud or collusion of, ami concerning 
real estate, owned by the counties of such commissioners, are 
hereby declared to be good and valid in law, and to operate as 
though such commissioners had been authorized to execute such 
deeds, grants, conveyances and bonds, at the time of the execution 
of the same. 

Sec. 2. The county commissioners of the several counties of 
this state, are hereby authorized to execute and deliver all deeds, 
grants, and conveyances and bonds which may become necessary 
in settling and transferring real estate belonging to their respective 
counties ; and such deeds, grants, conveyances and bonds, if made 
without fraud or collusion, shall be obligatory upon the counties to 
all intents and purposes. 

This act shall take effect from its passage. 

Approved, Jan. 7, 1835. 



In force Ja- 
nuary 16th, 

1837. 

Certificates 
of purchase 
fissionable, 
find how 
maybe 
made. 



Patent to 
issue in 
name last 
assigned. 

Proviso. 



AM ACT in relation to the title of school and canal lands. 

Sec 1. Be it enacted by the people of the State of Illinois, re- 
presented in the General Assembly, That purchasers of school or 
canal lands or town lots, may by endorsement in writing on their 
certificates of purchase, transfer and assign all right and title to the 
lands or lots purchased, or transfers or assignments of such certifi- 
cates may be made upon a separate paper, and transferees or 
assignees, may in like manner transfer and assign all such certifi- 
cates, and in-all cases where certificates have been or shall hereaf- 
ter be transferred or assigned, patents shall issue in the name of the 
last transferee or assignee, Provided, That the transfers or assign- 
ments, shall be proven by certificate of the school or acting canal 
commissioner ; or proven in the manner required to prove the ex- 
ecution of deeds of conveyance, to entitle them to be admitted to 
record. 

This act shall take effect from its passage. 

Approved, Jan. 16th, 1837. 



CONVEYANCES. 157 



AJY ACT concerning Conveyances. In force 

° 3 21 st July, 

1837. 

Sec. 1. Be it enacted by the people of the State of Illinois, re- 
presented in the General Assembly, That every estate in lands Construe-^ 
which shall hereafter be granted, conveyed or devised to one, ^fjaof con* 
though other words heretofore necessary to transfer an estate ofveyance. 
inheritance be not added, shall be deemed a fee simple estate of 
inheritance if a less estate be not limited by express words, or do 
not appear to have been granted, conveyed, or devised by con- 
struction or operation of law. 

Sec 2. When an estate hath been, or shall be, by any convey- 
ance limited in remainder to the son or daughter or to the use of Whenes- 
the son or daughter of any person to be begotten, such son or e ^ i6 
daughter, born after the decease of his or her father, shall take the 
estate in same manner as if he or she had been born in life time of 
the father, although no estate shall have been conveyed to support 
the contingent remainder after his death. 

Approved, July 21, 1837. 



JIN ACT concerning the Recording of Conveyances. in force 

2lst July, 

Sec 1. Be it enacted by the people of the State of Illinois, re- 
presented in the General Assembly, That the recording of any deed, 
grant, bargain, sale, lease, release, mortgage, defeasance, convey- 
ance, bond, contract or agreement of and concerning any lands, 
tenements, or hereditaments, or whereby the same may be effected Record of 
in law or equity, whether executed within or without the state, by * e .' .' 
the recorder of the county in which the lands, tenements or here- not acknow- 
ditaments, intended to be effected and situated, shall be deemed lodged. 
and taken to be notice to subsequent purchasers, and creditors 
from the date of such recording, whether the said writing shall have 
been acknowledged or proven in conformity with the laws of the 
State or not ; Provided, That no such writing, not acknowledged Proviso. 
or proven in conformity with the laws of the state, to entitle the 
same to be recorded, shall be admitted as evidence in any court, Execution 
unless execution thereof be proven in the manner required by the to be P rov ~ 
rules of evidence applicable to such writings ; and the provisions 
of this act shall apply as well to writings heretofore, as those here- 
after admitted to record. 

Approved, 21st July, 1837. 



AJY ACT simplifying the mode of acknowledgment of Sheriff's In force 

a** "■ 

Sec 1, Be it enacted by the people of the State of Illinois, re- ^dftl be 
presented in the General Assembly, That all deeds heretofore acknowl- 
executed, or which may hereafter be executed by any Sheriff or ed r g l d fl 
other officer, for any real estate, sold on execution, upon being/ore clerk, 



successor 
Sheriff. 



158 COUNTIES. 

acknowledged or proven before any clerk of any court of record 
in this State, and certified under the seal of such court, shall be 

Admitted to admitted to record in the county where the real estate sold, shall 

record - be situated. 

Duty of Sec. 2. The successor of any sheriff or other officer shall be 
to authorized to execute deeds for real estate sold by the predeces- 
sor, or to acknowledge any deed executed and not acknowledged 
by such predecessor. 

Sec. 3. Deeds heretofore executed by officers for real estate, 
sold on execution, and acknowledged or proven, and certified in 
the manner required by law, for the acknowledgment or proof of 
deeds of conveyance, shall be considered as having been duly 
executed. 

Deeds ac- Sec. 4. All deeds executed and acknowledged, or proved, 

krwwUdged according to the provisions of this act, shall be deemed to have 

or proved, . f r , . ' 

deemed been duly executed, and shall be admitted as evidence, without 
vahd. further proof of the execution thereof. 

Approved, Jan. 16, 1836. 



COUNTIES. 



ff/ ™ 8 JIN ACT to incorporate Counties. 

1837. 

Sec I. Be it enacted by the -people of the state of Illinois, 
incorwra* re P resente d in the General Assembly, That each county which now 
ted. exists, or which may hereafter be established in this state, shall 

be a body corporate and politic. All suits hereafter to be brought 
by or against any of the counties in this state, shall be brought 
brought by' m tne name of, or against " the county of ;" and by that 

counties to name they may sue and be sued, plead and be impleaded, defend 
name 1 . *"" an ^ De defended, in any court of record, or other place where 
justice shall be administered. It shall be the duty of the county 
commissioners' court of each of the counties of this state to take 
and order suitable and proper measures for the prosecuting and 
defending of all suits to to be brought by or against their respec- 
tive counties. 
Deeds, q-c. Sec 2. All deeds, grants, and conveyances heretofore made, 
to counties or w hjcb shall be hereafter made, and duly acknowledged and re- 

when valid. . ' / ° 

corded, as other deeds conveying anylanus, tenements, or heredi- 
taments, to any county or the inhabitants of any county and their 
successors, or to the county commissioners, or to the county com- 
missioners' court, or to the governor, or any other person or persons 
by whatever form of conveyance, for the use and benefit of any 
county, shall be good and valid to all intents and purposes, to vest 
in such county in fee simple or otherwise, all such right, title, in- 
terest, and estate as the grantor or grantors in any such deed or 
conveyance had at the time of the execution thereof, in the lands 
conveyed, and was intended thereby to be conveyed. 



COUNTIES. 159 



commis- 
sioners' 
urt over 



Sec. 3. The county commissioners' court may, by their order Power of 
to be entered on their minutes, appoint a commissioner to sell and "~ 
dispose of any real estate of their county, and the deed of such co 
commissioner, under his proper hand and seal, for, and in behalf of^J^ 
such county, duly acknowledged and recorded, shall be sufficient to 
all intents and purposes, to convey to the purchaser or purchasers, 
all the right, title, interest and estate whatever which the county 
may then have in and to the premises, so to be conveyed. 

Sec 4; All notes, bonds, bills, contracts, covenants, agree- Capacity 
ments, or writings made, or to be made, whereby any per.on org^*"' 
persons is, are, or shall be bound to any county or the inhabitants 
thereof, or the county commissioners, or county commissioners' 
court, or to the governor, or any other person or persons, in 
whatever form for the payment of money, or any debt or duty, 
or the performance of any matter or thing to the use of any coun- 
ty, shall be as valid and effectual to all intents and purposes, to 
vest in the said county all the rights, interest, and actions, which 
would be vested in any individual, if any such contract had been 
made directly to him : Suits may be commenced, sued, and pros- 
ecuted thereon in the name of said county as is provided in the 
first section of this act ; or in the name of the person to whom 
they are made, to the use of the county, as fully and effectually, 
to all intents and purposes, as any person may or can upon like 
notes, bills, bonds, contracts, agreements, or writings made to 
him. * 

Sec 5. The county commissioners' court may appoint an Court may 
agent or agents, to make any contract on behalf of such county ^^ 
for erecting any county building, or for any other purpose author- 
ized by law. The contracts of such agent or agents duly execu- 
ted for and on behalf of such county, shall be valid and effectual 
to bind such county to all intents and purposes. 

Sec 6. All actions, local or transitory, against any county, \ Actions 
may be commenced and prosecuted to final judgment and execu^ a g~ a ™ st 
tion in the circuit court of the county against which the action is and in 
brought Any action, local or transitory, in which any coun{yf avorwhe ^ e 
shall be plaintiff, may be commenced and prosecuted to final judg- pr ° 
ment, in the county in which the defendant in such action resides. 
— When any action shall be commenced against any county, a i n actions 
copy of the summons shall be left with the clerk of the commis- against 
sioners' court, either during the sitting of said court, or so as a 2JS 1 % derk 
term of said court shall intervene between the day of leaving a to . be served 
copy of such summons and the return day thereof. There shall u '" : ' 



summons. 



always be ten days between the service and return of every Ten 
such summons. In all actions brought by or against every coun- "when. 
ty, the inhabitants of the county so suing, or being sued, may be county is 
jurors or witnesses, if otherwise competent or qualified accord- t^^may 

ing to law. be jurors. 

Sec 7. When any judgment shall be rendered against any 
county, it shall be the duty of the county commissioners' court Duty of 
to order a warrant to be drawn on their treasurer for the amount cammis - ' 

c i • i i i • i . sioners aj- 

ot the judgment and costs ; which warrant shall be paid as other terjudg- 
county debts. Nothing herein contained shall authorize any exe- mcnL 
cution to be issued against lands or other property of any county 
of this state. 



1G0 COUNTIES. 

Ads re- Sec. 8* All acts and parts of acts coming within the purview 

pealed, f t y s act ^ are hereby repealed. This act to take effect from 
and after the first day of July next : Provided, That this act shall 
not affect any contract or right which may have accrued to, or 
against any county before the passage of this act ; and all actions 
and suits shall be conducted in the same manner, to final judg- 
ment, on the said rights and contracts as if this act had not been 
passed. 

Approved, Jan. 3, 1827. 



AN ACT to compel the payment of certain moneys into the 
several county treasuries. 

All fines Sec. 1. Be it enacted by the people of the State of Illinois, re- 

ties toT al ~ P resente d i n ^ ie General Assembly, That from and after the pas- 
paidoverio sage of this act, it shall be the duty of justices of the peace, and 
county f a ]j ot her officers, to account for, and pay over to the county 

tVCdSIXTCT ... 

commissioners' court of the county within which such officer shall 

reside, at or before the December term of the said court, in each 

and every year, all sums of money recovered by fine, penalty, or 

otherwise, which by law is required to be paid into the treasury of 

the several counties ; and in the same kind of funds received by 

them. 

An officer Sec 2. Be it further enacted, That any officer failing to com- 

not comply- ply with the foregoing section, shall forfeit and pay the sum of 

firs Section seventy-five dollars, with any money by him not accounted for 

liable to and paid over as aforesaid, to be recovered by motion before the 

circuit court of the county wherein default is made, for the use of 

said county, together with the costs of said motion : Provided, 

that the officer against whom the motion is made shall have notice 

thereof at least ten days before the first day of the term at which 

such motion is made. 

Approved, Jan. 11, 1823. 



fine 



i f AN ACT to authorize additional poll books to be opened at the 

Feb. 9,1 county seats of the several counties in this state. 



1831. 



Commis- Be it enacted by the people of the State of Illinois, represented 
sioners { n the General Assembly ; That the county commissioners' courts 
th^Hzedto of tne several counties of this state, are authorized, if they deem 
organize jt necessary, to organize one or more additional sets of judges 
jutel™tc. and clei ' ks of electi ^s in the precinct including the county seat. 
'of elections. This act to take effect from and after its passage. 

Feb. 9, 1831. 



COURTS, 161 

COURTS. 

JIN ACT establishing the Courts of couritu Commissioners. In force 

° J J March, 22, 

1889. 

Sec. 1. Be it enacted by the people of the State of Illinois, re* 
presented in the General Assembly, That there shall be established 
in each county of this state, a court of record, to be constituted of, 
and composed by, the county commissioners elected of the coun- 
ties respectively, any two of whom shall constitute a quorum to 
do business. 

Sec. 2. That there shall be four sessions of said court in each Amended * 
county, to be held in the court house, or place of holding courts 
in each county, in each and every year ; and said court shall have 
power to appoint a clerk to said courts ; and at any time, for any 
cause to be stated on the record, to remove the said clerk from 
office. 

Sec 3. That the said court shall have jurisdiction throughout 
the county, whereof the said county commissioners may be 
elected. 

Sec 4. That said court in each county shall have jurisdiction 
in all matters and things concerning the county revenue, and regu- 
lating and imposing the county tax, and shall have power to grant 
license for ferries and for taverns, and all other licenses and things 
that may bring in a county revenue ; and shall have jurisdiction hi 
all cases of public roads, canals, turnpike roads, and toll bridges, 
where the law does not prohibit the said jurisdiction of said courts ; 
and shall have power and jurisdiction to issue all kinds of writs, 
warrants, process, and proceeding, by the clerk throughout the 
state, to the necessary execution of the power and jurisdiction with 
which this court is or may be vested by law. 

Stc. 5. That the said court of each county shall have a judicial 
seal, and all warrants, writs, process, and proceedings to be issued 
by said court, shall be sealed with said seal, bearing date the time 
they issue, and be signed by the clerk of said court. 

Sec 6. That each clerk so appointed by said court, shall keep 
his office at the place of holding court for each county respectively ; 
and each and every clerk before he enters on the duties of his 
office, shall take an oath to support the constitution of the United 
States, and of this state, and the oath of office in open court, and 
enter the same on record, and give a bond with good securities to 
the county commissioners, for the use of any person or persons in- 
jured, or for the use of the county if injured, in the penal sum of 
one thousand dollars, conditioned for the faithful performance of 
the duties of his office. 

Sec 7. That in each and every county of this state, and in each 
and every county that may hereafter be made, the said court of 
county commissioners shall commence and begin on the first Mon- 
days of March, June, September, and December, in each and 
every year, and continue for six days, unless the business be sooner 
done, when said court may rise : and should a quorum of county 

* See act of Feb< 7, 1837, under head of Elections. 
21 



162 COURTS. 

commissioners not meet at any stated meeting of the said court, 
then the said court shall be considered to be continued by law from 
day to day, if necessary, until four of the clock in the afternoon of 
the second day, and then if a quorum be not present for said court, 
and business therein to stand continued to the next court in 
course. 

Sec. 8. That should it be necessary to have a called court on 
any urgent business, then any one of the county commissioners 
shall have power to call said court, on giving the other two com- 
missioners five days previous notice, and the clerk, before said 
special term of said court. Said special court shall have the same 
power and authority as when holding a stated court. 

Sec. 9. That there shall be nothing contained or construed in 
this act, to give the said court any original or appellate jurisdiction 
in civil or criminal suits or actions, wherein the state is party, or 
any individual or individuals, bodies politic, or corporate, are par- 
ties ; but said court shall have jurisdiction in all cases where the 
matter or thing brought before the said court relates to the public 
concerns of the county collectively, and all county business : and 
the said court shall have power to punish for contempts as other 
courts may do, and have all the power necessary to the right exer- 
cise of the jurisdiction with which said court is or may be vested 
according to law ; and the clerks of said courts respectively shall 
have the same fees, emoluments, and perquisites of office, as are 
given to the other clerks of courts of this state by law, for the like 
services, or as may be given therein by law. 

Sec 11. That the said court shall be called and styled "The 
County Commissioners' Court," of the county respectively, and 
the process shall be u In the name of the people of the state of 
Illinois," as in case of other process, and bear test in the name of 
the clerks respectively. 

Sec 12. That the said court of each county respectively, shall 
have power and jurisdiction to compel and enforce by writ or writs 
of attachment, or other process, the orders, decrees, or judgments 
of said courts respectively, on all those named therein, and bear 
test in the name of the clerks respectively. 

This act to be in force from its passage. 

.Approved, March. 22, 1819. 



1S23. 



In force JIN »ACT requiring the several Clerks of this state to keep their 
respective offices at the county seat. 



Sec 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That the several clerks of 
the different courts of this state shall be compelled, and they are 
hereby required to keep their respective offices at the county seat 
of their respective counties, and not more than one quarter of a 
mile from the house of holding said courts ; and a failure to com- 



COUNTY COMMISSIONERS. 163 

ply with the requisitions of this act, shall vacate said clerkship, 
when it shall be the duty of the court to fill such vacancy. 

Approved, Jan. 11, 1823. 



COUNTY COMMISSIONERS. 

AN ACT concerning public officers. in force 

Feb. 12, 

Sec. 1. Be it enacted by the people of the State of Illinois, re- 
presented in the General Assembly, That whenever any vacancy Vacancy in 
shall happen in the office of County Commissioner by death, resig- °£^ e t °^ c 
nation or otherwise, the Clerk of the county commissioners' court, rJssioner " 
when such vacancy shall occur, shall appoint a day to hold a special how filled. 
election to fill such vacancv, and shall give immediate notice to 
the several judges of elections to hold the same, which election 
shall be conducted agreeable to the law regulating elections. 

Sec. 2. That so much of the twenty-second section of an act, Part of act 
entitled " An act to provide for the raising of revenue," approved, re P ealed - 
Feb. 19, 1827, as requires a statement of the fiscal concerns of 
the counties to be made at the December term of the county com- 
missioners' court, be, and the same is hereby repealed ; and here- 
after the statement of the fiscal concerns of the counties, shall be 
made out at the March term of the county commissioners' court 
annually. 

Approved, Feb. 12, 1835. 



AN ACT to amend an act entitled an act establishing the courts In force 
of county commissioners, approved March 22, 1819. liS ^ ls ^ 

Sec 1. Be it enacted by ths people of the State of Illinois, re- 
presented in the General Assembly, That at the first term of the Clerk to 
county commissioners courts in each and every county of this ^f ) f re 
State, to be held after the first Monday in August 1838, it shall be be drawn 
the duty of each and every one of the clerks of said courts, to pre- h v county 
pare three tickets upon one of which shall be written the words sioners' 
one year, upon another the words two years, and upon the other 
the words three years, which tickets so prepared shall be presented 
by said clerks to the county commissioners of their counties re- 
spectively, and each of said commissioners shall draw one of said 
tickets. 

Sec 2. The term of service of the commissioner who draws 
the ticket upon which is written the words one year, shall expire Term of 
on the first Monday in August in the year 1839 ; the term of ser- l^ntf/mm- 
vice of the commissioner who draws the ticket upon which is writ- missioners^ 
ten the words two years, shall expire on the first Monday in August 



164 



COUNTY COMMISSIONERS. 



Clerk to 
enter upon 
record. 



Elections 
to be held. 



Commis- 
sioners to 
determine 
by Lot. 



Elections to 
be held. 



Clerk to 
order an 
election to 
Jill vacan- 
cies. 



Proviso. 



Manner of 
cond acting- 
elections. 



Part of an 
act repealed 



in the year 1840 ; and the term of service of the commissioner 
who draws the ticket upon which is written the words three years, 
shall expire on the first Monday in August in the year 1841 , and it 
shall be the duty of the clerks of the county commissioners courts 
respectively, to enter upon the records of said courts which of 
said commissioners is to continue in office for one year, which for 
two years, and which for three years. 

Sec. 3. On the first Monday in August in the year 1839, and 
on the first Monday in August in each and every year thereafter, 
there shall be held an election, held in each and every county in 
this State, for the election of one county commissioner, whose 
term of service shall be three years from and after the day of his 
election, and the county commiss'oner who has been longest in 
office, shall always be the presiding officer of the court. 

Sec. 4. In each and every county which may hereafter be or- 
ganized in this State, there shall be elected at the first regular elec- 
tion held in said county, three county commissioners who at the 
first term of their court held after their election, shall proceed to 
determine their terms of service in the same manner as is provided 
in the first section of this act, and on the first Monday in August 
in each and every year thereafter, there shall be elected in said 
counties, one county commissioner, who shall continue in office 
three years from after the time of his election. 

Sec 5. Whenever a vacancy shall happen in the office of 
county commissioner by death, resignation or otherwise, it shall be 
the duty of the clerk of the county commissioners court of the 
county in which the vacancy shall happen, to issue his order to the 
judges of election in the different districts in said county, requiring 
them on a certain day not less than twenty days from the date of 
such order, to hold an election to fill such vacancy, Provided, That 
if the term of service of the commissioner whose vacancy is to be 
filled, would have expired within six months of the happening of 
said vacancy, it shall not be necessary for the clerk to order an 
election to fill such vacancy. 

Sec 6. All elections provided for in this act, shall be conduc- 
ted and returns thereof made in the manner provided in an act en- 
titled, "An act regulating elections," approved January 10, 1829. 

Sec 7. So much of the 25th section of an act entitled " an act 
regulating elections, approved January 10th 1829," as relates to 
the election of county commissioners, is hereby repealed. 

This act to take effect from and after its passage. 

Approved 1st March, 1837. 



In force 
2\st July, 
1837. 



Commis- 
sioners 
allowed 



JIN ACT to increase the Compensation of County 
Commissioners, 

Sec 1. Be it enacted by the people of the State of Illinois, re* 
presented in the General Assembly, That there shall hereafter be 
allowed to each county commissioner, in full for his services for 



COURT HOUSES AND JAILS. 165 

each day's attendance in holding courts, the sum of two dollars and $2 bo per 
fifty cents, to be paid on the certificate of the clerk, out of any d( jyforser- 

J . , r r 1 1 •" 1 vices. 

moneys in the treasury ot the county, not otherwise appropriated ; 
so mucli of the act regulating the salaries, fees, and compensation 
of the several officers therein mentioned, approved February 19th, 
1827, as fixes the compensation of county commissioners at one 
dollar and fifty cents per day, is hereby repealed. 

Approved 21st July, 1837. 



COURT HOUSES AND JAILS. 

i#JV ACT authorizing and requiring the county commissioners'' in force 
courts to cause court houses and jails to be erected, in each and /^" e1 ' 

. . J . ' 1829. 

every county in this state. 



to 



Sec. 1. Be it enacted by the People of the State of Illinois, re- 
presented in the General Assembly, That it shall be the duty of the jails 
county commissioners' courts, in their respective counties, to pre- be erected - 
pare or cause to be erected, when, in the opinion of said court, the 
means of the county are such as to justify it, and where they have 
not heretofore done so, strong and substantial jails, so that prisoners Co.com'rs 
may be confined therein with safety: and the said commissioners are ch °lKi d 

J J t Wit ft tltC €X- 

hereby expressly charged with the faithful execution of this law, and execution of 
they shall make report thereof, respectively, to the circuit court, tllis law - 
at the next term in the county, after the same shall have been done, ^°JX°cuil° 
and said report shall be entered upon the records of the said cir- court. 
cuit court. 

Sec 2. It shall also be the duty of the said county commis- 
sioners, in each county, to cause 10 be erected, when, in the opin- Court 
ion of said court, the means of the county are such as to justify /l0USe - 
it, a suitable court, house in each of their respective counties ; and 
they shall have power to enter into contracts from time to time, 
with any person or persons, in behalf of the county, for the erec- 
tion of such court houses, or finishing any court house already 
begun, at any regular term of their court, or at any special term 
they may appoint. 

Sec 3. The county commissioners' courts in each county, 
shall have power to contract, and procure for the use of their Lots to be 
respective counties, whenever it shall become necessary, any lot P urchased * 
or lots of land, whereon to erect such county buildings, and obtain 
deeds of conveyance to such counties, and to sell and convey the Or sold. 
same, when it shall become necessary, to any purchaser or pur- 
chasers, in the manner prescribed by law. 

Sec 4. The act entitled "an act authorizing and requiring; the . t 

. . ... , °, . 11 Acts repeal- 

county commissioners to cause jails to be erected in each and every e d. 
county within the state," approved March 24, 1819, is hereby 
repealed : Provided, that no right previously acquired, shall be im- Previous 
paired by the passage of this act. impaired. 

This act to take effect on the first day of June next. 

Approved, January 5, 1829. 



166 



COURTS. 



In force 
June 1, 
1S29. 



JIN ACT to amend u An act concerning Courts of 
proved, January 29, 1827. 



Law," 



ap- 



Part of 
former act 
repealed. 



Wliere per- 
sons may be 
sued, 
and to 
what coun- 
ty process 
may issue. 

Several de- 
fendants. 



Previous 
.rights or 
proceedings 
not affected. 



Sec 1 . Be it enacted by the people of the State of Illinois, re- 
presented in the General Assembly, That so much of the first sec- 
tion of the act entitled "An act concerning practice in courts of 
law," approved January 29, 1827, as authorizes the directing of 
original process to the sheriff or coroner of any other county than 
the one in which the suit is commenced, be, and the same is hereby 
repealed. And that hereafter it shall not be lawful for anv plaintiff 
to sue a defendant out of the county where the latter resides, or 
may be found, except in cases where the debt, contract, or cause 
of action accrued in the county of the plaintiff, or where the con- 
tract may have, specifically, been made payable ; when it shall be 
lawful to sue in such county, and process may issue against the de- 
fendant to the sheriff of the county where he resides: Provided, 
that where there are several defendants living in different counties, 
the plaintiff may sue either in the county where the cause of action 
arose, or in any county where one or more of said defendants may 
reside, and shall have like process against such as reside out of the 
county where the action shall be brought as above. 

Sec 2. This act shall not affect any previous rights, practice, 
or procedings. This act to take effect from and after the first day 
of June next. 

Approved, Dec. 30, 1828. 



In force 
June 1, 
1829. 



Court of 
probate es- 
tablished. 



To be held 
at the coun- 
ty seats. 



Judges to 
be elected. 



Term of 
service. 

Fi t ire va- 
cancies. 

Jurisdic- 
tion. 



Terms. 



AN ACT relating to Courts of Probate* 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the General Assembly, That there shall be establish- 
ed in each county in this state a court of record, to be styled "the 
court of probate," to be held at the several seats of justice of their 
respective counties ; the juiisdiction whereof shall be co-extensive 
with the limits of the county in which the judges shall be respec- 
tively appointed. 

Sec 2. The general assembly shall, at its present session, elect 
by joint ballot some fit person in each county in this state, where 
a vacancy may be in the office of judge of probate, to fill such 
office, and the respective judges so appointed, shall hold their 
offices during good behavior. And the general assembly shall in 
like manner fill all future vacancies in the said office of judge of 
probate. And the said judges of probate shall severally have such 
jurisdiction over the estates of testator and intestates, and such 
other matters as they may be, or now are, invested with by law. 

Sec 3. The said courts shall sit in their respective counties, 
throughout this state, on the first Monday in every month, and at 
such other times as extraordinary circumstances may require, and 
continue open until all the business, pending before them, shall be 



* Amended: Sec "Probate Justices of the Peace. 



COURTS. 167 

disposed of. The said courts shall each have a seal, and may issue To have a 
all process necessary under the hand and seal of the judge, and all seaL 
such process shall bear date when issued : the said judge shall re- Process. 
cord all his proceedings, at length, in a book, or books, by him for Record. 
that purpose furnished : for all necessary books so furnished, the 
respective county commissioners' courts shall allow the said judge Allowance 

r r , • / , 1 . , ., <• i - ° jornecessa- 

ot probate a reasonable compensation, to be paid out ol the county ry books. 
treasury. 

Sec 4. All matters of law and of fact shall be determined by 
said court, when properly before it ; and in all cases, an appeal or Trial. 
writ of error, shall lie to the circuit court of the county, to be pro- 
secuted in the same manner as appeals and writs of error are prose- 
cuted from the decisions of the circuit courts ; and writs of error Appeal. 
and appeals shall also be on the same matters, from the decision 
of the circuit court to the supreme court of the state, as in other 
cases. 

Sec. 5. When any judge of probate shall die, resign, refuse to Recess ap- 
qualify, or be removed from office, or the office shall be otherwise pointments. 
vacated during the recess of the general assembly, the governor 
shall commission some fit person to fill such vacancy, and the per- 
son so commissioned shall continue in office until the end of the 
next session of the general assembly thereafter. 

Sec. 6. Each of said judges, before he enters upon the duties 
of his office, shall take an oath to support the constitution of ihe Judge to 
United Stales, and of this state, and an oath of office, to be admin- a J%" n 
istered by the clerk of the circuit court, or any justice of the peace 
in the county wherein he is appointed. 

Sec 7. The said judges of probate shall be entitled to such Fees. 
fees and compensation as now are, or hereafter shall be provided 
by law. 

Sec 8. The act entitled an act establishing courts of probate, 
appproved February 10, 1821, the act entitled an act to amend Actstepeal- 
an act entitled an act establishing courts of probate, approved Feb^ ed. 
ruary 12, 1823, and the act entitled an act to amend an act, entitled 
an act establishing courts of probate, approved February 10, 1821* 
approved January 12, 1825, are severally hereby repealed : Pro- 
vided, however, that no new election shall be had for judges of 
probate, where the office is now filled according to those acts, but 
they shall hold their offices in the same manner as if this act had 
not passed. 

This act to take effect on the first day of June next. 

Approved, January 2, 1829* 



AN ACT establishing a Circuit Court north of the Illinois river, in force 

Jan. 8, 

Section 1. Be it enacted by the people of the State of Illinois, j u d ge to be 
.represented in the General Assembly, That there shall be elected elected. 
by joint ballot of both branches of the general assembly, at the pre- 
sent session, one circuit judge, who shall preside in the circuit to 
which he may be appointed, north of the Illinois river, and shall 



1G8 



COURTS. 



His com- 
pensation. 



exercise such jurisdiction therein, as is, or may be allowed to the 
circuit courts, generally, in this state. 

Sec. 2. The said circuit judge, when thus elected, shall be 
commissioned by the governor, and shall hold his office during 
good behavior, and shall be allowed, as a compensation for his 
services, a salary of seven hundred dollars per annum, to be paid 
quarter yearly, out of any moneys in the treasury not otherwise ap- 
propriated. 

Approved, Jan. 8, 1829. 



Jurisdic 
tion< 



In force AN ACT regulating the Supreme and Circuit Courts. 

July i, ° 6 r 

Sec. 1. Be it enacted by the people of the State of Illinois, re- 
presented in the General Assembly, That the supreme court of this 
Number of state shall consist of one chief justice and three associate justices 
jus ices. ag p regcr j| De( j D y the constitution of this state. 

Sec 2. The said supreme court shall exercise appellate juris- 
diction only (except as is hereinafter excepted) and shall have final 
and conclusive jurisdiction of all matters of appeal, error or, com- 
plaints from the judgment or decrees of any of the circuit courts of 
this state, and from such other inferior courts as may hereafter be 
established by law in all matters of law and equity, wherein the 
rules of law, or principles of equity appear from the files, records^ 
or exhibits of any such court to have been erroneously adjudged 
and determined. And the said supreme court is hereby empower- 
ed, authorized, and enabled to take cognizance of all such causes 
as shall be brought before them, in manner aforesaid and shall be 
Incidental vested with all the power and authority necessary for carrying into 
power. complete execution all their judgments, decrees, and determina- 
tions in the matters aforesaid according to the laws, customs, and 
usages of this state, and according to the rules and principles of 
Judgments the common law T , and their judgments, decrees, and determinations 
to be final. g j ia ]| ^ e g na j anc [ conc l lJS j ve n all the parties concerned. 

Sec 3. The said supreme court may, from time to time, in- 
stitute such rules of practice, and prescribe such forms of process 
to be used, and for the keeping of the dockets, records, and pro- 
ceedings for the regulation of the said court, as shall be deemed 
most conducive to the due administration of justice ; and it shall 
be the duty of the chief justice to examine the state of the clerk's 
office of the said court annually and make report thereof to the 
next term of the court, which shall be noted in the proceedings. 

Sec 4. The chief justice and associate justices of the supreme 
court and the judges of the circuit courts, who may hereafter be 
appointed under the provisions of the constitution, previously to 
their entering upon the duties required of them by law, shall in 
addition to the oath to support the constitution of the United States 
and of this state take the following oath of office : u I, A B, chief 
justice (or associate justice as the case may be) of the supreme 
court (or judge of the circuit court as the case may be) do solemn- 
ly swear (or affirm) that I will administer justice without respect 
to persons, and do equal right to the poor and to the rich, without 



Rules of 
court. 



Clerk's of- 
fice to be 
examined. 

Oaths of 
the judges 



COURTS. 169 

sale or denial, promptly without delay, conformably to' the laws, 
without favor, affection, Or partiality to the best of my judgment 
and abilities," which oath or affirmation may be administered by To be filed 
any justice of the peace in this state, a certificate whereof shall be "^^f 
endorsed by the person administering the same, on the back of the stale. 
commission of such judge, and another certificate thereof transmit- 
ted to and hied in the office of the secretary of state. 

Sec. 5. There shall he onelerm of the supreme court holden oneterma 
annuallyat the seat of government, which shall commence on the year. 
first Monday in December, and continue in session until the busi- 
ness before it shall be disposed of. 

Sec 6. If there shall not be a quorum of the justices of the Quorum 
said supreme court present, on the first day of any term, the court Jw^s? 
shall stand adjourned from day to day, until a quorum shall attend, day. 

Sec. 7. If the said supreme court, or any of the circuit Unfinished 
courts, directed to be held by this act, shall not sit in any term, s^nlicon- 
or shall not continue to sit the whole term, or before the end ottinued. 
the term shall not have heard and determined all matters and 
causes, depending in said courts ; all matters and causes depend- 
ing and undetermined, shall stand continued until the next suc- 
ceeding term. 

Sec 8. If from any causes the supreme court shall not sit, on Disdontinu- 
any day in a term, after it shall have opened, there shall be no dis- a S onofthe' 
continuance^ but so soon as the cause is removed, the court shall court not 
proceed to business until the end of the term, or until the business ^ured. 
depending before it, shall be disposed of. 

Sec 9. No question of appeal, Or of writ of error shall be 
decided without the concurrence of two justices at least ; and the r f. wo J us - 

O J LlCPS 77T7JSL 

said court shall in all cases state the case, and give their opinion in concur. 
writins;, which shall be filed with the other papers of the case. And Wri { ten 

. ■ i ' i i 11 • i i'ii opinions. 

the said court shall appoint some person learned in the law to 
minute down, and make report of all the principal matters drawn Reporter. 
out at length, with the opinion of the court, in all such cases as 
may be tried before the said court, and the said reporter shall have 
a right to use the original written opinion after it shall have been 
recorded by the clerk. 

Sec 10. All process which shall be issued from the said su- Process 
preme court shall bear test in the name of the chief justice, be h t °l° t t ° 1 ^[ ar 
signed by the clerk, dated when issued, and sealed with the seal issued. 
df the court ; and all such process shall be made returnable ac- 
cording to law, or such rules and orders as may be prescribed by 
the court. 

Sec. 11. Any process which may be issued from the said Process 
supreme court, or any justice thereof, or the clerk, according to h e ow cut d 
law, shall be executed by the officer or person to whom it shall be 
directed, in any county or place in this state, in the usual manner 
that process is or may be required to be executed and returned. 
The said court shall have power to punish contempts offered by Contempts 
any person to it while sitting, and tor disobeying any ot its pro- obeyir 
cess, rules, and orders issued or made conformably to law. P r 

Sec 12. The supreme court shall have original jurisdiction, in 0ri S ina l 

ii . {' . . ii-ii i • rr i i juris action 

ail causes, suits, and motions against public debtors, sheriffs, clerks, ofthesu- 
and all collectors of the public revenue to the state, of every preme court 

22 



ling 
>rocess. 



170 



COURTS. 



denomination whatsoever { and in all cases where it may have been, 
Proceed- or ma y hereafter be the duly of any sheriff, clerk, collector, or re- 
ikg-s ceiver of public moneys for the state, or the late territory of Illinois, 

public* debt- to ma ke collections and settlements with the proper authority ; if 
ors. he or they have failed to do so, or shall hereafter have failed to do 

so, and there shall appear any defect in the bond given by said 
officer or person, or other proceeding sufficient to exempt from 
Securities liability, the security or securities of such officer or person, or to 
of co etors ^ eat fog ordinary proceedings against himself, the court shall have 
power to compel such person, whether in or out of office, who has 
either collected public money or ought to have done so, to exhibit 
upon oath, a full and fair statement of all moneys by him collected, 
and a list of all persons as far as it may be practicable, to obtain 
the same, of whom such person had a right to collect, and who 
had failed to pay him accordingly ; and the court shall, upon 
hearing the whole case, without regard to form, have power to 
give such judgment, for such sum or sums of money, as such per- 
son ought to be liable to pay, according to the true spirit of the 
law and the principles of equity : Provided, that the person or 
persons as aforesaid, shall have due and reasonable notice of 
the time of proceeding against him or them, as aforesaid ; and it 
shall be the duty of the attorney general to attend and prosecute 
the same. 

Sec. 13. It shall be the duty of the clerk of the supreme court, 
to issue process in all cases where process ought to be issued from 
the said court ; and to keep and preserve complete records of all 
the decisions and proceedings of the said court ; he shall, before 
he enters upon the duties of his office, take the following oath or 
affirmation before one of the justices of the supreme court : " I, 
A B, being appointed clerk of the supreme court, do solemnly 
swear (or affirm) that I will truly and faithfully enter on record all 
the orders, decrees, judgments, and proceedings of the said court, 
and that I will faithfully and impartially discharge and perform all 
the duties of my said office, according to the best of my abilities 
and understanding according to law ; " and the said clerk shall 
keep his office at the seat of government, and shall do and perform 
all such acts and things as are or may be enjoined on him, and be 
entitled to such compensation as is or may be provided by law. 
And he shall, at the first term of said court, after he shall be ap- 
Andbond. pointed, give bond to the governor of this state, and his successors 
in office, for the use of the people of the state, with one or more 
securities, to be approved by the said court, in the sum of three 
Condition thousand dollars, conditioned for the faithful discharge of his 
thereof. duties, and to deliver up the papers, books, and records, appertain- 
ing to the same, whole, safe, and undefaced, vdien lawfully 
required so to do ; which bond so executed as aforesaid, shall 
be transmitted to the office of the secretary of state, and filed 
therein. 
Judges to Sec 14. The chief justice and associate justices of the said 
hold circuit SUT)Yeme court, shall hold circuit courts, as is herein provided for 
by law ; and when either of the said judges shall, by death, 
change of resignation, removal from office, or unavoidable absence, fail to 
attend and hold any of the circuit courts required of him by law, 



Clerk to 
issue pro- 
cess. 

His duty. 

Oath of 
clerk. 



•circuits. 






COURTS. 171 

it shall be the duty of one of the other judges presiding in either 
of the other circuits, upon receiving information that such courts 
will not be holden, to attend in the said circuit, so situated, and 
hold courts therein, and exercise all the powers and jurisdiction, 
both in term time and vacation, that the judge asssigned by law to 
such circuit could legally do, until the causes aforesaid, which 
authorize and require such judge to exercise such power and juris- 
diction, in such circuit, shall be removed. 

Sec. 15. When any of the said judges shall die, resign, or be New 
removed from office, it shall be the duty of his successor in office J hdi courts 
to preside in the circuit wherein such vacancy happens. in the 

Sec 16. If there shall be no judge attending in any county, on ^™p?£ 
the first day of any term, the court shall stand adjourned from day decessors. 
to day until a judge shall attend, if that should happen before the f t J ^°^ ot 
hour of four o'clock in the afternoon of the second day ; but if no court to 
judge shall have attended before that time, the court shall stand ^rned' 
adjourned until the next succeeding term. 

Sec. 17. It shall be the duty of the said judges respectively, to Two terms 
hold two terms annually, in each county in their respective circuits, annuall y- 
in conformity to law ; which courts shall be holden respectively at 
the times and places now, or hereafter to be prescribed by law ; 
and the said courts shall be styled "circuit courts for the counties 
in which they may be held respectively." 

Sec 18. The said circuit courts shall be holden at the re- At the 
spective court houses of said counties, and the said judges respec- c . ourt ^ ouse 
tiveiy, in their respective circuits shall have jurisdiction over all county. 
matters and suits at common law and in chancery, arising in each Jyrisdic- 
of the counties in their respective circuits, where the debt or de- 
mand shall exceed twenty dollars. 

Sec 19. The said judges shall be conservators of the peace, Judges 

and the said courts in term time, and the iudges thereof in vacation, made k ^ e P- 
iiii iii r . i . i • ers ofthe 

shall have power to award throughout the state, and returnable in peace. 

the proper county, writs of injunction, ne exeat, habeas corpus, A ^!^ av rits 

and all other writs and process, that may be necessary to the qfne exeat, 

due execution of the powers with which they are or may be f c \ . . . 

. L j j Incidental 

Vested. power. 

Sec 20. The said courts shall respectively have power and Criminal 
authority to hear and determine all cases of treason and other felony, jurisdiction 
crimes and misdemeanors of whatever kind that may be committed 
within any county or place within their respective circuits, and that 
may be brought before them, by any rules and regulations provided 
by law. 

Sec 21. All suits brought in the said circuit courts shall be tried Causes to 
in the counties in which they originated, unless in cases that are or ^i^fthey 
may be specially provided for by law. originated. 

Sec 22. The clerks appointed by the said circuit courts, or Clerks to 
by the judges thereof in each county, shall, before they enter upon JjjjjJ an 
the duties of their offices, respectively take an oath, to support the 
constitution of the United States, and of this state, and also the 
following oath of office, before one of the judges of the said circuit 
courts, or some justice of the peace in this state : u I, A B, being Oath. 

appointed clerk of the circuit court for county, do solemnly 

swear (or affirm) that I will truly and faithfully enter and record all 



172 COURTS. 

the orders, decrees, judgments, and proceedings of the said court, 
and that I will faithfully and impartially discharge and perform all 
the duties of my said office, according to the best of my abilities 
and understanding according to law." A certificate whereof, with 
the appointment, shall be entered on the records of the court at 
the first term of the court, after the same shall be done. 
Duty of Sec. 23. The clerks of the respective circuit courts, shall issue 

clerks. process in all cases originating in their respective counties ; they 
Complete shall make, keep, and preserve complete records of all the pro- 
record. ceedings and determinations of the courts of which they are clerks, 
except as is provided in the 23d section of the "Act concerning 
the practice in courts of law," approved, January 29, 1827. They 
shall keep their offices at the county seats of their respective 
counties ; and do and perform in the county all the duties which 
may be enjoined upon them by law ; and they shall be entitled to 
such fees and compensation for their services, as are or shall be 
allowed b) law ; and if any clerk of a circuit court, shall neglect 
or refuse to perform any of the duties enjoined upon him by law, 
Clerk may or s ' ia ^ in any manner be guilty of malfeasance in office, he shall 
beremovcd. be removed from office by the court upon proper complaint being 
made to the said court or judge, and the said complaint being 
But may proved true to the satisfaction of the said court or judge ; Provided^ 
appeal. g^ lne ggjj c } er k s h a ]j nevertheless have the right of appeal to the 
supreme court, under the like conditions, as are or may be pre- 
scribed by law for other cases. 
Skaiigive Skc. 24. The clerk of each circuit court shall, at the first term 
bond. \ | tne sa j c [ cour t 5 hgjd j n his county, after he shall be appointed, 
enter into bond to the governor of the state, and to his successors 
in office, for the use of the people of the state of Illinois, with one 
Condition or more securities, to be approved of by the court, in the sum of 
thereof. two thousand dollars, conditioned for the faithful performance of 
the duties of his office, and to deliver up the papers, books, re- 
cords, and proceedings appertaining thereto, whole, safe, and un- 
Where defaced, when lawfully required so to do, which bond, so executed, 
f led - shall be transmitted to the office of the secretary of state, and filed 

therein, 
Delivery of Sec. 25. It shall be the duty of every clerk of the circuit court, 
papers, $>c hereafter, to be appointed to succeed another, to demand of his 
predecessor, or the person in whose possession they may be, all 
the books, papers, and proceedings appertaining to the circuit court 
of which he shall be appointed clerk : and the said predecessor, or 
person whose possession the same may be, shah, on such applica- 
tion and demand, deliver them up to the person so appointed ; and 
should any person herein required to give up the books, papers, and 
proceedings as aforesaid, refuse so to do, on such application and 
demand, the proper circuit court shall have power to use such com- 
pulsory process, and take such measures as may be necessary to 
Maybe co- coerce the delivery as aforesaid, according to the true intent and 

meaning hereof. 
Clerk's of- g EC% 2G. The judges shall annually examine into the condition 
^aminect of the office of every clerk of the circuit court in their respective 
circuits, and make such order thereon as circumstances may 
require. 



COURTS. 173 

Sec. 27. Whenever any person shall be in the custody of the Special 

,.„>,. i i • i • i zr terms to try 

sheriff of any couniy, charged with any capital offence, or om criminal*. 
other offence not bailable by law, it shall be the duty of such sheriff, 
provided such person shall desire a trial, to give information there- 
of, in writing, to the judge presiding in the circuit, or in case of 
his absence or disability, to either of the said judges, who may be 
required to preside in such circuit, during such absence or disa- 
bility ; whose duty it shall be to issue a precept under his hand and 
seal, to the sheriff of such county, to summon twenty-three grand 
jurors, and thirty-six petit, jurors, to attend at the seat of justice of 
said county, on a day therein mentioned, which shall not be less 
than fifteen, nor more than thirty days from the date of such 
precept. 

Sec 28. It shall be the duty of the sheriff, on receiving the Notice 
precept aforesaid, to give notice by advertisement, set up at the ereo ^' 
seat of justice of his county, at least ten days before the return of 
such precept, of the time of holding a special term of the circuit 
court, in pursuance of this act ; and it shall be the duty of the cir- 
cuit judge, either personally or in writing, to notify the attorney 
prosecuting for the state, in such county, of the time and place of 
holding court in pursuance of this act ; but the want of such ad- 
vertisement by the sheriff, or notice by the judge, shall not be con- 
strued to invalidate the authority of the court, or to render its pro- 
ceedings void or erroneous ; but in case of such omission, the pre- 
cept aforesaid shall be considered as legal notice of the time and 
place of holding such court ; and the sheriff", for omitting to adver- 
tise in manner aforesaid, may be fined at the discretion of the Omission ta 
court, in a sum not exceeding five hundred dollars : Provided, that 
there shall be no such special term of the circuit court, where a 
regular term of said court will be held within forty days of the time 
of receiving such notice as aforesaid, by the judges from the sheriff, 
but in all such cases, the person shall wait until the regular term 
for his trial. 

Sec 29. The said circuit court, when met in pursuance of this Power to 
act, shall have authority to adjourn to any day which may be ad- ad J° urn - 
judged reasonable and expedient, for the fair and impartial trial of 
any such person, who may be indicted before it, and in case the 
requisite number of grand and petit jurors shall not attend at the 
tima and place specified in such precept, or the number of petit Talesmen. 
jurors be reduced by challenge below the number of twelve, the 
court may order the sheriff to complete the panne! of the grand or 
petit jury from the by-standers, or award a venire de novo for a 
grand or petit jury as the case may require. 

Sec 30. Anv process which may be issued by any of the P rocess 

, , c , K . l . . * ., ir- now execu- 

clerks ot the said circuit courts, or any judge thereof, in pursu- ted. 
ance of law, shall be executed by the officer or person to whom 
the same shall be directed, in any county or place in this state, in 
the same manner that process usually is, or may be required to be 
executed and returned ; and the said circuit courts shall respective- 
ly have power to punish all contempts offered by any person or Contempts 
persons to them, while sitting as such, at any regular or special a ^ ddis - 

t c ■ i i /• r i • r • i obeying or- 

term as aloresaid ; and lor disobeying any or its process, rules, or ders } $c. 
orders, issued or rriade conformably to law, Hereafter, the sala* 



174 COURTS. 

Salaries, ries of the chief justice and each of the associate justices of the 

supreme court, shall be one thousand dollars per annum. 
Subpenas g EC> 3^ fi^ c ] er ks f the several circuit courts shall have 

xssitcct to • - s* • 

any county, power to issue subpenas for witnesses, to any county in this state. 
Sec 32. The acts entitled u An act regulating and defining the 

A eal J 6 ' duties of the justices of the supreme court," approved, March 31, 
1819, the act entitled " An act changing the terms of the circuit 
courts, and altering the circuits," approved, February 14, 1821, 
the act entitled u An act to regulate the terms of the circuit courts, 
and for other purposes," approved, February 17, 1823, the u Act 
constituting and regulating the supreme and circuit courts of this 
state," approved, December 29, 1824, the act entitled "An act 
supplemental to an act, entitled an act regulating and establishing 
the supreme and circuit courts of this state," approved, January 
17, 1825, the act entitled " An act changing the terms therein 
named, and regulating the practice in certain cases," approved 
January 26, 1826, are severally hereby repealed. 

New clerks Nothing in this act shall be so construed, as to require the clerks 

^polntedL eitner °f tDe supreme or any of the circuit courts in this state, to 
be reappointed or qualified as this act directs, but the same shall 
continue in office as they now are. 

This act takes effect on the first day of July next. 

Approved, January 19, 1829. 



In force AN ACT to provide for a suitable place for holding the Supreme 

January 22, ** J p / J S F 

1829 KjOUiII* 

S f f'h°°T ^ e ** enac ted by tM people of the State of Illinois, represented in 
Ing house.' the General Assembly, That the south-east room on the lower floor 
of the banking house, be, and the same is hereby appropriated and 
set apart for the exclusive purpose of holding the supreme court 
of this state ; and, hereafter, the state treasurer shall keep his office 
in the front room, on the lower floor of said building. 

Approved, January 22, 1829. 



In force «#JV ACT supplemental to the act, entitled u An act regulating the 
January^ Supreme and Circuit Courts," approved, 

23 ' 1829 - January 19, 1829. 

Sec 1. Be it enacted by the people of the Stale of Illinois, rep- 

Who shall resented in the General Assembly, That the chief justice of the su- 

hoidthecir- p re me court, and the associate justices thereof, and the circuit 

'judge appointed at the present session, shall hold the circuit courts 

* Amended : see Actsof 1835, following. 



COURTS. 175 

in this state, at the times, and in the manner, hereinafter provided, 
and shall be governed by the same rules, regulations, and re- 
strictions, that are now applicable to the said courts respectively. 

Sec. 2. The counties of Pike, Calhoun, Greene, Macoupin, Counties of 
Morgan, Saugamon, Macon, and Tazewell shall constitute the first cult. 
judicial circuit ; the counties of Madison, St. Clair, Monroe, Ran- 
dolph, Washington, Clinton, Bond, Fayette, Montgomery, and Of the 2d 
Shelby shall constitute the second judicial circuit ; the counties of circmL 
Gallatin, Hamilton, Jefferson, Marion, Franklin, Perry, Jackson, f the 3d 
Union, Alexander, Johnson, and Pope shall constitute the third circuit. 
judicial circuit ; the counties of White, Edwards, Wabash, Law- Qf the Atk 
rence, Crawford, Clark, Edgar, Vermilion, Clay, and Wayne shall circuit. 
constitute the fourth judical circuit, and the counties of Jo Daviess, 
Peoria, Fulton, Schuyler, and Adams shall constitute the fifth ju- dlcuiT. 
dicial circuit. 

Sec. 3. Samuel D. Lockwood shall perform circuit duties in the ^f^JJ? 
first judicial circuit, Theophilus W. Smith shall perform circuit du- circuit. 
ties in the second judicial circuit, Thomas C. Browne shall perform J^?J m 
circuit duties in the third judicial circuit, William Wilson shall per- Brown in 
form circuit duties in the fourth judicial circuit, and Richard ^slJheM.WU- 
Young shall perform circuit duties in the fifth judicial circuit, and uh. Young 
when either of said judges shall be succeeded in office it shall in the 5lh - 
be the duty of his successor in office to preside and hold the courts Their st f c " 

. . J . c . .. . , .. r ,, cessors to 

in the circuit ot the judge, or justice, so succeeded. take their 

Sec 4. The said circuit judge shall, before he enters upon (he P lace - 
duties of his office, take an oath to support the constitution of the Circuit 
United Slates, and of this state, and the following oath of office, Judge to 
to wit : " I, A B, judge of the fifth judicial circuit of the state of ^ a71 
Illinois, do solemnly swear, that I will administer justice, without 
respect to persons, and do equal right to the poor and to the rich, Form. 
without sale, denial, favor, affection, or partiality, conformably to t erco f' 
the laws, to the best of my judgment and abilities." Which said Byw } lom 
oath may be administered by any justice of the peace in this state, administer- 
a certificate whereof shall be endorsed on the commission of said ed " 
judge, and a duplicate thereof transmitted to, and filed in the office 
of the secretary of state ; and all rules and regulations prescribed p ormer act 
in the act, to which this is a supplement, relative to the circuit apply to the 
courts generally in this state, shall be deemed and taken as appli- 5tiarcmL 
cable to the circuit courts, directed to be held in the fifth judicial 
circuit. 

Sec. 5. The chief justice, and the associate justices of the change cir- 
supreme court, and the judge of the fifth judicial circuit, may in- ™its. 
terchange, and hold each other's circuit courts as often as they may thTjldges 
agree to do the same, and may award writs of habeas corpus, neinsuchca- 
exeat, certiorari, and injunction, and may grant orders to stay pro- ses ' 
ceedings, which said writs and ordeis shall run, and have force, in 
each other's circuits ; and such acts, writs, and orders shall have 
the same effect, and be obeyed in the same manner, as if the said 
acts, orders, and writs were done, granted, and issued by the 
proper justice or judge of the circuit. 

Sec. 6. Should the chief justice or either of the associate attending 
justices or the said circuit judge fail to attend in any county, in court shall 

•It • . .. ii , r ■ i stand ad- 

tneir respective circuits, on the day appointed lor commencing the joumed. 



170 COURTS, 

terra of the circuit court, therein, as required by law, the court 
shall stand adjourned until the next day, and should the judge not 
attend by four o'clock in the afternoon of the second day of the 
term, the court shall stand adjounred until the next succeeding 
term of the court, and all suits, writs, process, indictments, re- 
cognizances, and other proceedings shall s*and continued over until 
next term of the court, as effectually as if the same had been con- 
tinued by the order of the court. 
Chancery Sec 7. The chief justice and the associate justices, and the 
terms. sa j^ c j rcu j|. judge, in their respective circuits may, in any regular 
term thereof, appoint a time for holding a chancery term of tbe 
court, to be entered of record, if, in the opinion of the judge 
making such order, the business of the court shall require it ; and 
all judgments, orders, decrees, and proceedings, made at such 
special term, shall have the same validity as if made at the regular 
term appointed by law. 
Change of Sec. 8. If any iudsre of the circuit court shall be interested in 

venue on . » \. ° . , . . ... , ,, , f . . 

account of any suit, or proceeding, in Jus circuit, it shall be his duty to cause 
tk^fdi 11 a ^ ^ e P a P ers relating t0 sucn su '^ or proceeding, and a transcript 
a ' of the record, if necessary, to be transmitted to the most conven- 
ient county in the next adjoining circuit, as in case of a change of 
See Venue, venue ; and the judge of the circuit, to which such cause shall be 
transferred, shall proceed thereon, in all respects, as if the same 
had been originally instituted in his circuit. 
Supreme Sec. 9. There shall be one term of the supreme court of this 

held. w en state held, annually, at the seat of government, on the first Monday 
Amended: in December, and 'shall continue from day to day, Sundays ex- 
Seeactof ce pted, until all the business therein pending, shall be determined 
1835. ' and disposed of. 

Process g EC> \\_* All process which shall be issued from the said 

test. circuit courts, shall hear test in the name of the judges thereof, and 

And be is- be signed by the clerks respectively, and dated on the days on 

S turncT dre ~ wn ' cn luev lssue 5 and De made returnable according to law ; and 

all process issuing from the said circuit courts, shall be sealed with 

the judicial seal which shall be provided for that purpose ; but in 

case there shall not be a judicial seal, the clerk shall affix his private 

seal until a public one shall be provided. 

Change of Sec. 12. All recognizances and other obligations, suits, actions, 

terms not an( j motions, indictments, and other proceedings, and all writs and 

ceedings. r0 process of every kind, and description, which have been taken, 

commenced, found, or issued, in pursuance of the laws now in 

force, shall be set for argument, or trial, or shall be deemed and 

taken as returnable to each circuit court, respectively, as directed 

to be held by this act, and may be proceeded on, as though no 

change had taken place. 

Approved, January 23, 1S29. 

* Amended ; Sec Act of Feb. 25, 1S37, entitled "An act concerning -process.* 1 



COURTS. 177 



AN ACT regulating the Office of Clerk of the Supreme Court, in force 

Feb. 15, 
1831 

Be it enacted by the People of the State of Illinois, re- 
presented in the General Assembly, That ibe supreme court or a Supreme 
majority thereof, shall have power to remove any clerk of s,aid l^Srwve^ 
court, for neglect of duty, incompetency to perform the duties of clerk, for 
his office, or for any mal-conduct in office of which he may be c c e fuses 
guilty, or for any other cause which shall be satisfactory to said 
court, or a majority thereof : Provided, that the cause of the re- 
moval of said clerk shall be expressed on the records of the court. 

Approved, Feb. 15, 1831. 



AN ACT supplemental to the several acts regulating the Supreme in force 
and Circuit Courts in this state. ^*- 16 ' 

Sec. 1. Be it enacted by the people of the State of Illinois, repre- 
sented in the General Assembly, That the chief justice of the su- 
preme court, and the associate justices thereof, and the circuit 
judge of the fifth judicial circuit, shall hold the circuit courts of this 
state, at the times, and in the manner hereinafter provided. 

Sec. 2. The counties of Pike, Calhoun, Greene, Morgan, Circuits. 
Sangamon, Tazewell, Macon, McLean, and Macoupin shall con- 
stitute the first judicial circuit : The counties of Madison, St. Clair, 
Monroe, Randolph, Washington, Clinton, Bond, Shelby, Fayette, 
and Montgomery shall constitute the second judicial circuit : The 
counties of Gallatin, Pope, Johnson, Alexander, Union, Jackson, 
Perry, Franklin, Marion, Jefferson, and Hamilton shall constitute 
the third judicial circuit : The counties of White, Edwards, Wa- 
bash, Lawrence, Wayne, Clark, Crawford, Edgar, Vermilion, 
Coles, and Clay shall constitute the fourth judicial circuit : The 
counties of Cook, La Salle, Putnam, Peoria, Fulton, Schuyler, 
Adams^ Hancock, McDonough, Knox, Warren, Jo Daviess, Mer- 
cer, Rock Island, and Henry shall constitute the fifth Judicial 
circuit. 

Sec 3. Samuel D. Lockwood shall perform circuit duties in Judges ds- 
the first judicial circuit ; Theophilus W. Smith in the second ; si g ned - 
Thomas C. Browne in the third ; William Wilson in the fourth ; 
and Richard M. Young in the fifth ; and when either of the said 
judges shall be succeeded in office, it shall be the duty of his suc- 
cessor to preside, and hold the courts in the circuit of the judge or 
justice who shall be so succeeded. 

Sec 4. There shall be two terms of the circuit court held, ^Amended. 
annually, in each of the counties now, or hereafter to be organized 
in this state, at the court-house thereof, or place provided for hold- 
ing court ; which terms shall commence at the times hereinafter 
specified, and continue to be held from day to day, Sundays ex- 
cepted, until all the business pending shall be disposed of, unless 

* See acts of 1833, following-. 
23 



178 



COURTS. 



Terms, it shall be necessary to close the term to enable the judge to at 
tend in the next county to hold court. Said terms shall be com- 
menced and held at the times following, that is to say : In the 
county of Pike on the fourth Mondays in March, and third Mon- 
days in August. In the county of Greene on the first Mondays 

Ut circuit, m April, and fourth Mondays in August. In the county of Ma- 
coupin on the second Mondays in April, and the Mondays after the 
fourth Mondays in August. In the county of Morgan on the third 
Mondays in April, and second Mondays afier the fourth Mondays in 
August. In the county of Sangamon on the fourth Mondays in April, 
and third Mondays after the fourth Mondays in August. In the coun- 
ty of Macon on the first Mondays after the fourth Mondays in April, 
and fourth Mondays after the fourth Mondays in August. In the 
county of McLean on the Thursdays thereafter; and in the county of 
Tazewell on the second Mondays after the fourth Mondays in 
April, and fifth Mondays after the fourth Mondays in August. In 
the county of St. Clair on the first Mondays in April and Septem- 
ber. In the county of Monroe on the third Mondays in April and 

2d circuit. Septemher. In the county of Randolph on the fourth Mondays 
in April and September. In the county of Washington on the 
first Mondays in May and October. In the county of Clinton on 
the next Wednesdays thereafter. In the county of Bond on the 
second Mondays in May and October. In the county of Mont- 
gomery on the next Thursdays thereafter. In the county of Shelby 
on the third Mondays in May and October. In the county of 
Fayette on the next Thursdays thereafter. In the county of Madi- 
son on the second Mondays in June, and third Mondays in Octo- 
ber. In the county of Gallatin on the first Mondays in March and 
September. In the county of Hamilton on the third Mondays in 
March and September. In the county of Jefferson on the next 
Thursdays thereafter. In the county of Marion on the fourth 
Mondays in March and September. In the county of Perry on 

2d circuit, the Fridays thereafter. In the county of Franklin on the first Mon- 
days in April and October. In the county of Jackson on the sec- 
ond Mondays in April and October. In the county of Union on 
the third Mondays in April and October. In the county of Alex- 
ander on the fourth Mondays in April and October. In the coun- 
ty of Johnson on the Fridays thereafter; and in the county of 
Pope on the first Mondays in May and November. In the county 
of White on the first Mondays in April and September. In the 
county of Edwards on the second Mondays in April and Septem- 
ber. In the county of Wabash on the next Thursdays thereafter. 
In the county of Lawrence on the third Mondays in April and 

ith circuit. September. In the county of Crawford on the Thursdays there- 
after. In the county of Clark on the fourth Mondays in April and 
September. In the county of Edgar on the Thursdays thereafter. 
In the county of Vermilion on the Mondays alter the fourth Mon- 
days in April and September. In the county of Coles on the Fri- 
days after the Mondays on which the court in Vermilion is held. 
In the county of Clay on the last Mondays in March and August. 
In the county of Wayne on the Wednesdays thereafter. In the 
county of Jo Daviess on the second Mondays in April and last 
Mondays in August. In the county of Cook on the fourth Mon- 
days in April, and second Mondays in September. In the county 



COURTS. 179 

of La Salle on the Fridays after the fourth Mondays in April, and 
the Fridays after the second Mondays in September. In the . 

county of Putnam on the first Mondays in May, and the third ° 
Mondays in September. In the county of Peoria on the Thurs- 
days after the first Mondays in May, and the Thursdays after the 
third Mondays in September. In the counly of Fulton on the 
second Mondays in May, and fourth Mondays in September. In 
the county of Schuyler on the third Mondays in May, and first 
Mondays in October. In the county of Adams on the fourth Mon- 
days in May, and second Mondays in October. In the county of 
Hancock on the first Mondays in June and third Mondays in Oc- 
tober. In the county of McDonough on the Fridays after the first 
Mondays in June, and the Fridays after the third Mondays in 
October. In the county of Knox on the second Mondays in June, 
and fourth Mondays in October. In the county of Warren on the 
Thursdays after the second Mondays in June, and on the Thurs- 
days after the fourth Mondays in October ; and in the counties of 
Mercer, Henry, and Hock Island, whenever the same, or either 
of them, shall be organized in pursuance of law, at such times as 
the judge of the fifth judicial circuit shall appoint. 

Sec. 5. All writs, and other process, heretofore made returna- Process, 
ble to the terms provided in the act to which this is an amendment, 
shall be taken and held valid, and returnable to the terms herein 
provided for. 

Approved, Feb. 16, 1831. 



JIN ACT fixing the time of holding Circuit Courts in the coun~ In force 
ties of Madison and Calhoun. 18 3^ 16 ' 

Sec 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the circuit courts shall Calhoun 
be held in the county of Calhoun on the first Friday after the last % Amended% 
Mondays in March, and third Mondays in August ; and in the Madison 
county of Madison on the fourth Monday of October, any law to ™!™ mnal 
the contrary notwithstanding. 

Sec 2. In all cases wherein a change of venue may be awarded, Chav g e °f 
lor any cause whatever, the same may be awarded to the next ad- adjoining 
joining circuit, if it may suit the convenience of the parties, as well CLrculL 
as to any county in which the suit was instituted. 

Sec 3. The circuit court of Pike county shall be held on the Pikevemai 
last Monday in March, any law to the contrary notwithstanding. term ' 

Approved, Feb. 16, 1831, 

* See acts of 1 8 35 , following. 



180 



COURTS. 



AN ACT regulating the terms of holding the Circuit Courts in 

this state. 



Terms of 

circuit 

courts. 



^Amended. 



Sec. 1. Be it enacted by the people of the State of Illinois, re- 
presented in the General Assembly, That there shall be two terms 
of the circuit court held annually in each of the counties now, or 
hereafter to be organized in this state, at the court house thereof, 
or place provided for holding courts ; which terms shall commence 
at the times hereinafter specified, and continue to be held from 
day to day, (Sundays excepted,) until all the business be disposed 
of, unless it shall be necessary to close the term to enable the 
judge to attend in the next county to hold court. In the county 
of Pike, on the fourth Mondays of March and third Mondays of 
August. In the county of Calhoun on the Fridays after the fourth 
Mondays of March and third Mondays of August. In ihe county 
of Greene on the first Mondays of April and fourth Mondays of 
August. In the county of Macoupin on the second Mondays of 
April and Mondays after the fourth Mondays of August. In the 
county of Sangamon on the third Mondays of April and second 
Mondays after the fourth Mondays of August. In the county of 
Macon on the first Mondays after the fourth Mondays of April and 
fourth Mondays after the fourth Mondays of August. In the 
county of McLean on the Thursdays thereafter. In the county of 
Tazewell on the second Mondays after the fourth Mondays of 
April and fifth Mondays afier the fourth Mondays of August. In 
the county of Morgan on the last Mondays of May and second 
Mondays of October. In the county of St. Clair on the first Mon- 
days in April and September. In the county of Monroe on the 
second Wednesdays thereafter. In the county of Randolph on 
the third Mondays of April and September. In the county of 
Washington on the next Fridays thereafter. In the county of 
Clinton on the fourth Mondays of April and September. In the 
county of Bond on the first Mondays of May and October. In 
the county of Montgomery on the next Thursdays thereafter. In 
the county of Shelby on the second Mondays of May and October. 
In the county of Effingham on the third Mondays of May and Oc- 
tober. In the county of Fayette on the Wednesdays thereafter. 
In the county of Madison on the fourth Mondays of May and Oc- 
tober. In the county of Gallatin on the first Mondays of March 
and September. In the county of Hamilton on the third Mondays 
of March and September. In the county of Jefferson on the next 
Thursdays thereafter. In the county of Marion on the fourth 
Mondays of March and September. In the county of Perry on 
the next Fridays thereafter. In the county of Franklin on the first 
Mondays of April and October. In the county of Jackson on the 
second Mondays of April and October. In the county of Union 
on the third Mondays of April and October. In the county of 
Alexander on the fourth Mondays of April and October. In the 
county of Johnson on the next Fridays thereafter. In the county 
of Pope on the first Mondays of May and November. 



* See acts of 1835. 



COURTS. 181 

After the first of August next, the circuit courts in the following 
named counties shall be held at the times herein specified, viz : 
In the county of Perry on the second Mondays of April and Oc- 
tober. In the county of Jackson on the third Mondays in April 
and October. In the county of Union on the fourth Mondays of 
April and October. In the county of Alexander on the Mondays 
thereafter. In the county of Johnson on the second Mondays in 
May and November. In the county of Fope on the third Mon- 
days in May and November. In the county of Clay on the last 
Mondays in March and August. In the county of Wayne on the 
Thursdays thereafter. In the county of White on the first Mon- 
days of April and September. In the county of Edwards on the 
second Mondays of April and September. In the county of Wa- 
bash on the Thursdays thereafter. In the county of Lawrence on 
the third Mondays of April and September. In the county of 
Crawford on the Thursdays thereafter. In the county of Clark on 
the fourth Mondays of April and September. In the county of 
Edgar on the Thursdays thereafter. In the county of Vermilion on 
the first Mondays after the fourth Mondays of April and September. 
In the county of Coles on the second Tuesdays after the fourth 
Mondays of April and September. In the county of Adams on 
the first days of April and nineteenth days of August. In the coun- 
ty of Hancock on the eighth days of April and twenty-sixth days 
of August. In the county of McDonough on the fifteenth days of 
April and second days of September. In the county of Warren 
on the twentieth days of April and seventh days of September. In 
the county of Knox on the twenty-fifth days of April and twelfth 
days of September. In the county of Jo Daviess on the first days 
of May and eighteenth days of September. In the county of Cook 
on the fourteenth days of May and first days of October. In the 
county of La Salle on the twentieth days of May and seventh days 
of October. In the county of Putnam on the twenty-fourth days 
of May and eleventh days of October. In the county of Peoria on 
the twenty-eighth days of May and fifteenth days of October. In 
the county of Fulton on the first days of June and nineteenth days 
of October. In the county of Schuyler on the eighth days of June 
and twenty-sixth days of October. And in the counties of Henry, 
Mercer, and Rock Island, whenever the same or either of them When 
shall be organized in pursuance of law, at such times as the judge of the days 
of the fifth judicial circuit shall appoint. in the pre- 

j r r cedivs' sec- 

Sec 2. Whenever either of the days above mentioned shall tion men- 
happen to be on Sundays, then the courts to be held on that day j*»n«fi«*d* 
shall commence on the Monday following ; and when the counties Sunday, 
of Iroquois and Champaign shall be organized, under the provisions then th £ 
of the acts of this legislature, then the judge of the fourth judicial commence 
circuit shall have power to change the time of holding courts in the °L th ^ 
county of Coles, so as to suit the time of holding courts in tfee following, 
said counties of Champaign and Iroquois. County 

r\ tiiiiii c ^ ' • -, commis- 

Sec 4. It shall be the duty ot the county commissioners court siovers of 
of Morgan county to summon two pannels of jurors for each term Morgan 



of the circuit court of said county, the first to serve the first week summon 
of the sgid court, and the second, the seconc) week of the said tu ° V* 

COUrt, jurors. 



182 



COURTS. 



Process, 



Sec. 5. All process, writs, and recognizances which have been 
or may be issued and made returnable to the courts, as at present 
arranged, shall be taken and considered to be returnable to the 
terms fixed by this act, and shall be as valid as if made returnable 
to the terms fixed by this act. 



Approved, March 2, 1833. 



In force 
Jan. 7, 



Five addi- 
tional 
judges to be 



Shall be 
commis- 
sioned by 
the Gover- 
nor. 



Two terms 
of supreme 
court. 



JIN ACT to establish a uniform mode of holding Circuit Courts. 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That there shall be elected 
by joint ballot of both branches of the General Assembly, at its 
present session, five judges in addition to the one now authorized 
by law, who shall preside in the several circuit courts now or here- 
after authorized and required to be held in the several counties in 
this State ; and shall exercise and possess such jurisdiction therein 
as is or may be allowed to the circuit courts in this State. 

Sec 2. The said circuit judges, when thus elected, shall be 
commissioned by the Governor, and shall hold their offices during 
good behavior. The said judges shall reside in their respective 
circuits to which they may be assigned. And all laws which re- 
quire the judges of the supreme court to hold circuit courts, so far 
as such requisition is concerned, are hereby repealed. 

Sec 3. There shall be two terms of the supreme court held 
annually at the seat of government. 

This act to be in force from and after its passage. 

Approved, Jan. 7, 1835, 



In force 
June 1, 
1835. 
Appeals 
may be 
taken from 
county 
commis- 
sioners' to 
circuit 
court. 

Proviso. 



Appellant 
to give 
bond. 



JIN ACT allowing Appeals in certain cases. 

Sec 1. Be it enacted by the people of the State of Illinois, re- 
presented in the General Assembly, That any party to a proceed- 
ing had before any county commissioners' court, who may feel ag- 
grieved by the final decision, judgment or order of such court, 
shall be allowed to appeal to the circuit court of the county in 
which the decision, judgment or order may have been made : Pro- 
vided, the appeal be prayed during the term of the court at which 
the decision, judgment or order may be rendered : And provided, 
further, That the party praying appeals shall be required to exe- 
cute bond, with good security, to be approved by the court, paya- 
ble to such person, and with such conditions as the court shall re- 
quire ; and after the execution of the appeal bond, the clerk of the 
commissioners' court shall file with the clerk of the circuit courts 



COURTS. 183 

a full and complete transcript of the record and proceedings of the 
court, together with the appeal bond, and all original papers re- 
lating to the case ; and the clerk of the circuit court shall thereupon Summons 
issue a summons against all parties interested in the decision, judg- %l s ^ ir 
ment or order appealed from, as in cases of appeals from judgments cuit court. 
of iustices of the peace, and if a county be interested, the sum- whe j l . 

*' , „ . ' . , J . . /• • i county is a 

mons shall issue against the county commissioners ol such county, party. 

Sec 2. The circuit courts shall have jurisdiction to hear and JuHsdic- 
determine all such appeals, and shall give such judgment in respect tio £ ff?~ 
to the right of ihe parties, as the commissioners' court should have such cases. 
given, and shall have power to make all such orders, and to issue 
all such process and notices as may be necessary to bring all 
persons interested before the court ; and on the trial of such 
appeals, the court shall proceed in all respects as is or may be re- 
quired in the trial of other appeal cases in said court, and the judg- 
ment of the court in the premises, shall be final and conclusive 
upon the parties, unless an appeal be taken to the supreme court. 
The said circuit court shall also have power to remand all such May re> 
cases to the county commissioners' court, with directions to carry mandthe 
into effect, so far as relates to rights of parties, the judgment of 
said court : Provided, That in cases so remanded, the circuit Proviso. 
court shall make out. and deliver a written opinion to be entered of 
record, and transmitted to the county commissioners' court. 

Sec 3. Appeals shall hereafter be allowed from all judgments Appeals aU 
of iustices of the peace, rendered in qui tarn actions and suits in- low . ed in 
stituted to recover penalties or torleitures which is or may be tiom. 
allowed by any statute of the State ; such appeals to be taken and 
proceeded in, in all respects as is or may be required in appeals 
from judgments of justices of the peace in civil actions. 

This act shall take effect on the first day of June next. 

Approved, Jan. 31, 1835. 



1835. 

1st circuit. 



JIN ACT dividing the State into Judicial Circuits. In force 

Jan, l?j 

Sec 1. Be it enacted by the people of the State of* Illinois, re- 
presented in the General Assembly, That, the counties of Calhoun, 
Greene, Morgan, Sangamon, Macoupin, Macon, Tazewell, and 
M'Lean, shall form the first judicial circuit ; the counties of Mad- 
ison, St. Clair, Monroe, Randolph, Washington, Clinton, Bond, 2d circuit, 
Montgomery, Shelby, Effingham, and Fayette, shall form the 
second judicial circuit ; the counties of Hamilton, Jefferson, 
Franklin, Gallatin, Pope, Johnson, Alexander, Union, Jackson, 3 d circuit, 
Marion and Perry, shall form the third judicial circuit ; the coun- 
ties of Wayne, White, Edwards, Wabash, Lawrence, Crawf6rd, uk circuit, 
Jasper, Clark, Edgar, Vermilion, Champaign, Coles, and Clay, 
shall form the fourth judicial district ; the counties of Pike, Adams, ^th circuit, 
Hancock, M'Donough, Knox, Warren, Fulton and Schuyler, 



184 



COURTS. 



6ih circuit. 



shall form the fifth judicial circuit ; and the counties of Jo Daviess, 
Rock Island, Mercer, Henry, Peoria, Putnam, La Salle, Cook, 
and Iroquois, shall form the sixth judicial circuit. 
This act to be in force from and after its passage.* 

Approved, Jan. 17, 1835. 



In force 
Feb. 13, 
1835. 



Times of 
holding- 
supreme 
courts. 



Judges sal- 
ary. 

Circuit 
judges may 
inter- 
change cir- 
cuits. 



May order 

special 

terms. 



County 
commis- 
sioners to 
order 48 ju- 
rymen in 



AN ACT regulating the times of holding the Supreme and Cir- 
cuit Courts, and fixing the Salary of the Circuit Judges. 

Sec. 1. Be it enacted by the people of the State of Illinois, re- 
presented in the General Assembly, That the terms of the supreme 
court shall commence on the second Mondays ip December and 
first Mondays in June annually, and the court shall continue in 
session at each term, until the business before it shall be disposed of. 

Sec 2. The salary of the circuit judges of this State, shall be 
seven hundred and fifty dollars per annum, payable quarterly. 

Sec 3. The circuit judges may interchange and hold each 
other's circuit courts as often as they may agree to do the same, 
and may award writs of ne-exeat, habeas corpus, certiorari and 
injunction, and may grant orders to stay proceedings, which said 
writs and orders shall run and have force in each other's circuits, 
and such acts, writs and orders, shall have the same effect, and be 
obeyed in the same manner, as if the said acts, orders and writs 
were done, granted and issued by the proper judge of the circuit. 

Sec 4. The circuit judges in their respective circuits, may at 
any regular term of the court in any county, make an order ap- 
pointing a time for holding a special term of the court, for hearing 
and deciding chancery causes, and shall have power at such special 
terms, to hear and decide all causes, matters and things depending 
in chancery in such courts, and all proceedings had, and all orders, 
decrees and judgments made at such special term, shall have the 
same validity as if had or made at a regular term appointed by law. 
The said judges shall also have power at any regular term of a 
circuit court in any county, to make an order appointing a time for 
holding a special term of such court, for the trial of civil and 
criminal causes ; and suits may be instituted, and process made re- 
turnable to such special term in the same manner, and with like 
effect as at a regular term of such court ; and the county commis- 
sioners of such county, shall select and cause to be summoned a 
grand and petit jury, to attend the special term appointed for the 
trial of civil and criminal cases ; and the court shall have power at 
such special term to try all civil and criminal causes, and all orders, 
judgments and proceedings made and had at such special term, 
shall be as valid and effectual, as if made or had at a regular term 
of the court. 

Sec 5. The county commissioners' courts of the several coun- 
ties in which the circuit courts are a lowed to set two weeks, are 
authorized to select forty-eight qualified jurymen, to serve as petit 

* Amended. See act of Feb. 1. 1837. 



COURTS. 135 

jurors during the term of the circuit court, twenty-four of whom counties 
shall be selected to serve during; the first week of the court, and where cir-, 

, i i ji \ c i i r CU1 ^ c °urts 

summoned to attend on the nrst day ot the term ; and twenty-lour sittwo 
shall be selected to serve during the second week of the term, and weeks. 
summoned to attend on the second Monday of the term. 

Sec. 6. All process, suits and recognizances, which have been p rocess re _ 
or may be issued or entered into, and made returnable to the courts, tumable to 
as at present arranged, shall be taken and considered to be return- p^enT" 
able to the terms fixed by this act, and shall be as valid as if made arranged. 
returnable to the terms fixed by this act ; and all process issued 
and tested in the name of either of the justices of the supreme 
court, by the clerk of any circuit court, shall be valid to all inlents 
and purposes, and shall be obeyed as though the same had been 
tested in the name of the circuit judges of such court. 

Sec. 7. The terms of holding the circuit courts in the several Terms of 
counties of this State, shall commence at the times hereinafter c ' ivmit 
specified, and continue to be held from day to day, Sundays ex- 
cepted, until the business shall be disposed of, unless it shall be 
necessary to close the term, to enable the judge to attend in the 
next county to hold court. 

In the county of Sangamon, on the second Mondays in March 
and July, and the first Mondays in October. 

In the county of Morgan, on the fourth Mondays in March, third 
Mondays in July and October. 

In the county of Calhoun, on the Fridays before the second 
Mondays in April and first Mondays in September.* 

In the county of Greene, on the second Mondays in April and 
first Mondays in September. 

In the county of Macoupin, on the third Mondays in April and 
second Mondays in September. 

In the county of Macon, on the fourth Mondays in April and 
third Mondays in September. 

In the county of M'Lean, on the Thursdays after the fourth 
Mondays in April, and third Mondays in September. 

In the county of Tazewell, on the first Mondays after the fourth 
Mondays in April, and on the fourth Mondays in September. 

In the county of Madison, on the second Mondays in March and Amended: 
August. s j e act °f 

In the county of St. Clair, on the fourth Mondays in March and 1336. 
August. 

In the county of Monroe, on the first Mondays in April and 
September. • 

In the county of Randolph, on the second Mondays in April and 
September. 

In the county of Washington, on the third Mondays in April and 
September. 

In the county of Clinton, on the fourth Mondays in April and 
September. 

In the county of Bond, on the first Mondays in May and Octo- 
ber. 

In the .county of Montgomery, on the second Mondays in May 
and October. 

* Amended : See Act of March 4, 1337, Sec. 1. 

24 



186 COURTS. 

In the county of Shelby, on the third Mondays in May and 
October. 

In the county of Effingham, on the Fridays after the third Mon- 
days in May and October. 

In the county of Fayette, on the fourth Mondays in May and 
October. 

In the county of Marion, on the second Mondays in March and 
September. 

In the county of Jefferson, on the Thursdays thereafter. 

In the county of Hamilton, on the third Mondays in March and 
September. 

In the county of Franklin, on the fourth Mondays in March and 
September. 

In the county of Gallatin, on the first Mondays in April and 
October. 

In the county of Pope, on the third Mondays in April and 
October. 

In the county of Johnson, on the fourth Mondays in April and 
October. 

In the county of Union, on the first Mondays after the fourth 
Mondays in April and October. 

In the county of Alexander, on the second Mondays in May 
and November. 

In the county of Jackson, on the third Mondays in May and 
November. 

In the county of Perry, on the fourth Mondays in May and 
November. 

In the county of Crawford, on the first Mondays in March and 
September. 

In the county of Lawrence, on the Thursdays thereafter. 

In the county of Wabash, on the second Mondays in March and 
September. 

In the county of Edwards, on the Fridays thereafter. 

In the county of White, on the Mondays after the third Mon- 
days in March and September.* 

In the county of Wayne, on the fourth Mondays in March and 
September. 

In the county of Clay, on the Thursdays thereafter. 
Amended.- In the county of Jasper, on the Mondays after the fourth Mon- 
JarTie^ ^ R y s °^ March and September. 
1836. : In the county of Coles, on the Wednesdays thereafter. 

In the county of Champaign, on the second Mondays after the 
fourth Mondays in March and September. 

In the county of Vermilion, on the Wednesdays thereafter. 

In the county of Edgar, on the Wednesdays thereafter. 

In the county of Clark, on the Tuesdays thereafter. 

In the county of Pike, on the first Mondays in April and 
September. 

In the county of Adams, on the second Mondays of April and 
September. 

In the county of Hancock, on the fourth Mondays in April and 
September. 

* Amended ; see Act of Jan. 12, 1836. 



COURTS. 187 

In the county of McDonough, on the first Mondays in May and 
October. 

In the county of Warren, on the second Mondays in May and 
October. 

In the county of Knox, on the third Mondays in May and 
October. 

In the county of Fulton, on the fourth Mondays in May and 
October. 

In the county of Schuyler, on the first Mondays in June and 
November. 

In the county of Jo Daviess, on the first Mondays in April, and Amended: 
second Mondays in August. March% 

In the county of Rock Island, on the third Mondays in April, 1837 - 
and fourth Mondays in August. 

In the county of Peoria, on the fourth Mondays in April, and 
first Mondays in September. 

In the county of Putnam, on the first Mondays in May and 
second Mondays in September. 

In the county of La Salle, on the second Mondays in May and 
third Mondays in September. 

In the county of Iroquois, on the third Mondays in May, and 
fourth Mondays in September. 

In the county of Cook, on the fourth Mondays in May, and first 
Mondays in October. 

In the counties of Mercer and Henry, at such times as shall be 
appointed by the judge presiding in the sixth circuit, after such 
counties shall be organized. Three 

Sec 8. There shall be three terms of the circuit court held an- ^ail/Si' 
nually in the counties of Sangamon and Morgan, at the times herein the counties 
directed. 1^3°" 

mon and 

Sec. 9. Whenever any person shall be in the custody of the Morgan. 
sheriff of any county, charged with a capital crime, or any felony, Z^! s ^ n a 
or other offence, punishable by confinement in the penitentiary, it charged 
shall be the duty of such sheriff, provided, such person shall desire V l , h a . cap ~ 
a trial, to give information thereof, in writing, to the judge pre- desires to be 
siding in the circuit, or in the case of his absence, or disability, to triedm 
the next nearest circuit judge to the county where the offence is 
charged to have been committed, whose duty it shall be to issue a 
precept, under his hand and seal, to the sheriff of such county, to 
summon twenty-three grand jurors, and twenty-four petit jurors, to 
attend at the seat of justice of said county on a day therein men- 
tioned, which shall not be less than fifteen nor more than thirty 
days from the date of said precept ; and the twenty-seventh section 
of an act, regulating the supreme and circuit courts, approved, 
January 19th, 1829, be, and the same is hereby repealed. 

Skc 10. All laws and parts of laws now in force, relating to Laws noxo 
the judges of the supreme court, while performing circuit duties, in in f° rcein 

•i. 9 . . -,. , l , j r • i • i - relation to 

conferring jurisdiction upon them, defining their duties, or apper- judges of 
taining to them in any way, shall (so far as the same may be appli- su P r f™ e 

i i \ i i i i i r c ii r i i ■ i- court bind- 

cable,) be taken and construed to be of tuff force, and binding to ing on 
all intents and purposes, upon the circuit judges elected by virtue^Wj^Sf 
of a law, entitled " An act to establish an uniform mode of hold- court. 
ing circuit courts," approved, January 7, 1835. 



188 



COURTS. 



All pro- 
ceedings 
now pend- 
ing to be 
disposed of 
as if no al- 
teration had 
taken place. 



Clerks. 



Act repeal- 
ed. 



Sec 11. All writs, subpoenas or other process which may have 
issued from any circuit court since the last sitting thereof, or which 
may hereafter issue, previous to this act being received, in the re- 
spective counties, shall be deemed and taken, and are hereby made 
returnable on the first day of the next term of the several circuit 
courts, to be holden by virtue of this act ; and all proceedings, 
either civil or criminal, which are now pending, shall be taken up 
and disposed of according to law, in the same manner as if no al- 
teration had been made in the time of holding such courts. 

Sec 12. The several clerks of the circuit courts, appointed or 
to be appointed under the "Act to establish a uniform mode of 
holding circuit courts," approved, January 7, 18S5, shall give 
bond, be qualified and exercise the duties of their office, as speci- 
fied in the act regulating the supreme and circuit courts, approved, 
January 19, 1829. 

The third section of the act regulating the terms of holding the 
circuit courts of this State, approved, March 2, 1833, be, and the 
same is hereby repealed. 

Approved, Feb. 13, 1835. 



This Act is amended by Act of March 4, 1837, following. 



in force AM ACT fixing the times of holclin 

Jan. 16, Jo 

1S36. 



the Circuit Courts in the 
several Counties therein named. 



Amended : 
see act of 
March 1, 
1837. 



Coles. 
Chanir 
paign. 
Vermilion. 
Edgar. 
Clark. 
Process. 



Acts re-r 
pealed. 



Sec 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That thn times of holding the cir- 
cuit courts in the several counties hereinafter mentioned, shall com- 
mence at the times hereinafter specified, and shall continue to be 
held from day to day, Sundays excepted, until the business shall be 
disposed of, unless it shall be necessary to close the term, to en- 
able the judge to attend in the next county to hold court. In the 
county of Coles, on the Wednesdays after the courts are to be held 
in the county of Jasper ; in the county of Champaign, on the second 
Fridays thereafter ; in the county of Vermilion, on the Mondays 
thereafter ; in the county of Edgar, on the Mondays thereafter ; in 
the county of Clark, on the Mondays thereafter. 

Sec 2. All process, suits, and recognizances, which have been, 
or may be entered into, and made returnable to the aforesaid courts, 
as at. present arranged, shall be taken and considered to be return- 
able to the terms fixed by this act ; and all proceedings, either civil 
or criminal, which are now pending, shall be taken up and disposed 
of according to law, in the same way as if no alteration had been 
made in the time of holding such courts. 

Sec 3. AH acts, and parts of acts, coming within the provisions 
of this act, are hereby repealed. 

Approved, Jan. 16, 1836. 



COURTS. 189 



•#JV ACT to amend an act entitled u Jin act regulating the times In force 
of holding the Supreme and Circuit Courts, and fixing the sal- ^s, ' 
ary of the Circuit Judges," approved, February 13, 1835. 

Sec. 1 . Be it enacted by the people of the Slate of Illinois, repre- 
sented in the General Assembly, That the terms of holding the 
circuit courts in the county of White, shall commence on the third In White. 
Mondays in March and September, and continue to be held from 
day to day, Sundays excepted, until the business shall be disposed 
of, unless it shall be necessary to close the term, to enable the 
judge to attend in the next county to hold court ; any thing in the 
act to which this is an amendment, to the contrary notwithstand- 
ing. 

Sec. 2. All process, suits and recognizances, which have been, Process, 
or may be issued, or entered into and made returnable or continued 
to said courts, as at present arranged, or to any special term there- 
of, shall be taken and considered to be returnable to the terms fixed 
by this act, and shall be as valid as if made returnable to the terms 
fixed by this act. 

Sec 3. This act to be in force from and after its passage. 

Approved, Jan. 12, 1836. 



AN ACT supplemental to the several acts, relating to the Circuit i n force 
Courts in this State. Jan - 16 > 

1836. 

Sec 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That the terms of the courts Terms of 
in the second judicial circuit, shall be held at the several places courts in 2d 
for holding courts in the several counties therein, at the times fol- 
lowing, namely : In the county of Madison on the second Monday Names of 
of February and August ; in the coumy of St. Clair on the third counties - 
Monday of February and August ; in the county of Monroe on the 
fourth Monday in February and August ; in the county of Ran- 
dolph, on the Fridays thereafter ; in the county of Washington, on 
the first Fridays of March and September ; in the county of Clin- 
ton, on the second Mondays of March and September ; in the 
county of Bond, on the third Monday of March and September. 

Sec 2. In the county of Montgomery, on the fourth Mondays 
in March and September ; in the county of Shelby, on the first 
Monday of April and October ; in the county of Effingham on the 
Fridays thereafter ; in the county of Fayette, on the Mondays 
thereafter. 

Sec 3. All process, suits and recognizances which have been, Processes 
or may be issued or entered into and made returnable to the courts tfier ^°> 
as at present arranged, shall be taken and considered, to be return- 
able, to the times fixed by this act, and shall be valid to all intents 
and purposes. 

Approved, January 16, 1836. 



190 



COURTS. 



Ja{° r i& ^N ACT supplemental to the several acts regulating the Circuit 
1836. ' Courts in this State. 



Terms of 
circuit 
courts in 
third judi- 
cial circuit. 

Names of 
counties 
and when 
courts are 
held there- 
in. 



Special 
term in 
Gallatin. 



Sec 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That the terms of the courts 
in the third judicial circuit shall be held at the several places for 
holding courts in the several counties therein, at the times follow- 
ing, namely : In the county of Marion, on the second Mondays 
in March, and the fourth Mondays in August ; in the county of 
Jefferson, on the Thursdays thereafter ; in the county of Hamil- 
ton, on the third Mondays in March, and first Mondays in Septem- 
ber ; in the county of Franklin, on the fourth Mondays in March, 
and second Mondays in September ; in the county of Gallatin, on 
the first Mondays in April, and third Mondays in September ; in 
the county of Pope, on the second Mondays in April, and fourth 
Mondays in September ; in the county of Johnson, on the third 
Mondays in April, and first Mondays in October ; in the county 
of Union, on the fourth Mondays in April, and second Mondays 
in October ; in the county of Alexander, on the first Mondays in 
May, and third Mondays of October ; in the county of Jackson, 
on the second Mondays of May, and fourth Mondays of October ; 
in the county of Perry, on the third Mondays of May, and first 
Monday after the fourth Monday of October. 

Sec 2 That there shall be a special term held in the county of 
Gallatin, on the third Mondays of July annually. 

Approved, Jan. 16, 1S36. 



In force 
Jan. 16. 

1836. 



AN ACT supplemental to an act, changing the terms of holding 
the Circuit Courts, in the third Judicial Circuit, passed at the 
present session of the General Assembly. 

Sec 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That all process, suits, and 
recognizances, which have been, or may be issued, or entered into, 
and made returnable to the courts, as at present arranged, shall be 
taken, and considered to be returnable to the terms fixed by the 
act to which this is a supplement, and shall be as valid as if made 
returnable to the terms fixed by the act to which this is a supple- 
ment. 

Approved, Jan. 16, 1S36. 



AN ACT concerning process. 



In force 
May 1st. 
1837. 



Sec 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That from and after the first 



COURTS. 191 

day of May next, all process issuing from the circuit courts shall 
bear test in the name of the respective clerks issuing the same. 

Sec. 2. So much of the eleventh section of an act supple- 
mental to the act entitled an act regulating the supreme and circuit 
courts, approved January 19th, 1829, and so much of the first sec- 
tion of an act concerning practice hi courts of law, approved Jan- 
uary 29th, 1827, as requires process to bear test in the name of the 
presiding judge be, and the Lame is hereby repealed. 

This act to take effect and be in force from and after the first 
day of May next. 

Approved, Feb. 25, 1837. 



AN ACT to legalize certain process in the 3d and bih judicial in force 

Circuits. January 1% 

loo/ . 

Sec. 1. Be it enacted by the people of the State of Illinois, Process 3d 
represented in the General Assembly, That all process of whatever^ r- 
kind or description, issued by any clerk of the circuit court in the 
3d judicial circuit, since the resignation of the honorable Jeptha 
Hardin, Judge thereof, or which may hereafter be issued in the 
same, bearing test in the name of said Judge, or of any such 
clerk, or of any other person or officer, shall be, and the same Aiiprocess 
is hereby declared to be good and valid in law in respect to suchfX/. an 
test ; and no such process shall be quashed, set aside, or held to 
be null and void for any such cause. 

Sec. 2 The provisions of the foregoing section shall apply to 
process issued, or which may be issued in the 5th judicial circuit 
of this State, subsequent to the resignation of the honorable Rich- 
ard M. Young, Judge of said circuit. 

Approved, January 19, 1837. 



AN ACT fixing the times of holding circuit courts in the several j n force 
counties in the fourth judicial circuit. June lst > 

«/ J 1Q07 



1837. 



Sec. 1. Be it enacted by the People of the State of Illinois, T - 
represented in the General Assembly, That after this act shall be in hoidfng 
force the terms of holding the circuit courts in the several counties in court ™ 
the fourth judicial circuit of this State, shall commence at the times lountto in 
hereinafter specified, and continue to be held from day to day, Sun--^°". r// '^ u " 
days excepted, until the business shall be disposed of; unless it Jut. 
shall be necessary to close the term to enable the judge to attend Sundays 
in the next county, to hold court. In the county of Edgar on the Courtof 
first Mondays in March and September ; in the county of Ver- Edgar tobe 
milion, on the second Mondays in March and September ; in the Vermilion. 
county of Champaign, on the third Mondays in March and Sep- Cham- 
tember ; in the county of Coles, on the Thursdays thereafter ; in SJ"' 



White 

Edwards. 

Wabash 



192 COURTS. 

Jasper. the county of Jasper on the Thursdays after the fourth Mondays 

Clay. j n March and September ; in the county of Clay on the Mondays 

W%ne. thereafter ; in the county of Wayne, on the Thursdays thereafter ; 

in the county of White, on the Mondays thereafter ; in the county 

of Edwards on the Mondays thereafter ; in the county of Wa- 

Lawrence Dasn > on tne Thursdays thereafter ; in the county of Lawrence, 

Crawford. on tne Wednesdays thereafter ; in the county of Crawford, on the 

Clark. Mondays thereafter ; in county of Clark on the Fridays thereafter. 

Sec. 2. All processes, suits, and recognizances which have 

been or may be issued or entered into and made returnable to the 

courts as at present arranged, shall be taken and considered to be 

returnable to the terms fixed by this act, and shall be as valid as 

if made returnable to the terms fixed by this act. This act to be 

in force after the first day of June next. 

Approved, March 1, 1837. 



In force AN ACT prescribing the time of holding the circuit court in the 
\oihFebru- county of Washington. 

ary t 1837. * J ° 

Circuit Sec 1. Be it enacted by the People of the State of Illinois, 

court of represented in the General Assembly, That the circuit court of the 

Washing-- COLin ty of Washington in the second judicial circuit, shall be held 

ed. on the Fridays after the first Mondays in March and September, 

any tiling in the act entitled an act supplemental to the several acts 

relating to the circuit courts in this State, approved January 16th, 

1836, to the contrary notwithstanding. 

Approved, February 10, 1837. 



T . AN ACT fixing the terms of the courts of the 1st, 6th, and 1th 

In force J ° J . J ' 7 

4th March, circuits. 

1837. 

Sec 1. Be it enacted by the People of the State of Illinois, 

ded. represented in the General Assembly, That the county of Calhoun 

is hereby added to the fifth judicial circuit, and shall from the 

passage of this act, compose a part of said circuit, and the circuit 

T l 7cT°'l courts f° r sa ''d county shall be holden on the Tuesdays before the 

court m first Mondays in April and September. 

fifth circuit S EC , 2. The times of holding courts in the sixth judicial cir- 
Sixth. ouit, shall be as follows : In the county of Jo Daviess on the se- 
cond Mondays in April, second Mondays in July, and third Mon- 
days in October ; in the county of Rock Island, on the Thursdays 
after the third Mondays tri April, and on the first Mondays in Sep- 
Countyof tembcr ; in the county of Mercer, on the fourth Mondays in April 
Henry. anc | on tne second Mondays in September ; in the county of Henry, 
on the Fridays after the fourth Mondays of April, and second 
p Mondays in September ; in the county of Putnam, on the first Mon- 

days in May and third Mondays in September ; in the county of 
Peoria, on the second Mondays in May and fourth Mondays in Sep- 
tember ; in the county of Ogle, on the fourth Mondays in May and 



COURTS. 193 

first Mondays in October ; in the county of Winnebago, on the 
Thursdays after the fourth Mondays in May and first Mondays in 
October* 

Sac. 3. The times of holding the courts of the seventh judi- Seventh 
cial circuit, shall be as follows : In the county of Iroquois, on the / r0 quois 
first Mondays in April and October ; in the county of Will, on the and WilL 
second Mondays in April and fourth Mondays in September ; in the 
county of La Salle on the third Mondays in April and September ; La s < l / le ^ 
in the county of Kane, on the first Mondays in May and second 
Mondays in September ; in the county of McHenry, when organ- 
ized, on the Thursdays after the first Mondays in May and the Mc fj- enri , 
Thursdays before the second Mondays in September ; in the coun- and Cook. 
ty of Cook, on the second Mondays in May, third Mondays in 
August and first Mondays in March. 

Sec. 4. The times of holding the courts in the first judicial First dr- 
circuit hereafter, shall be as follows, to wit : In the county of San- c s^ na - a - 
gamon on the first Mondays in March and July, and the second rmm. 
Mondays in October ; in the county of Morgan on the third Mon- QrefnT' 
days in March and third Mondays in July, and fourth Mondays in 
October ; in the county of Green, on the first Mondays in April, 
fourth Mondays in July and first Mondays in November ; in the 
county of Macoupin on the second Mondays in April and Seplem- ,_ 

i • i p m 11 i i • i tv r i • a -i i Macoupin. 

ber ; in the county ol 1 azewell, on the third Mondays in April and Tazewell. 
third Mondays in September ; in the county of M'Lean, on the first McLean. 
Mondays in May and fourth Mondays in September ; in the county Macon. 
of Macon, on the second Mondays in May and first Mondays in 
October. 

Sec 5. The circuit judges of the several judicial circuits ^j™Zto 
this State, now or hereafter to be created, shall have power and appoint 
they are required to appoint a special term of the court in any of^f^ iaZ 
the counties comprising their respective circuits, whenever it may 
be necessary for the prompt and efficient administration of justice, 
and whenever any special court shall be held, the clerk of said 
court shall give the Sheriff of said county notice in writing at least Clerk to no- 
twenty days before said court is to be held, who shall summon u f' J Shert .f 
twenty-three grand and twenty-four petit jurors, to attend at the court G d anc t 
house on the day appointed for holding said court, and said sheriff petit jurors. 
shall put up notices of the time of holding such court, in at least 
five of the most public p. aces in said county, and all process which 
may have been made returnable to the regular term, shall be deemed 
in law returnable to the said special term appointed as aforesaid. Judge of ^ 

Sec 6. The judge of the seventh judicial circuit, shall con- C uit. 
tinue the several terms of the courts in the counties constituting said 
circuit, until all the business is disposed of, or until forced to attend 
the terms in other counties as specified in the third section of this act. 

Sec 7. This act so far as regards the first and seventh judi-^^nte- 
cial circuits, shall not take effect and be in force anterior to the ''"»'• 
first day of June next, and all the terms of the courts necessary to 
be held in the counties constituting the seventh and first judicial cir- 
cuits, shall be held at the times prescribed in the act entitled an act 
regulating the times of holding the supreme and circuit courts, and fix- 
ing the salary of the circuit judges, approved 13th February, 1835. 

Sec 8. All writs or other process issued and made returnable Writsand 



194 



other pro- 
cess return- 
able. 



COURTS. 

to the courts in the 5th and 6th judicial circuits as heretofore es- 
tablished, shall be considered as made returnable to the courts to 
be held under the provisions of this act. This act to take effect 
and be in force from its passage. 

Approved, 4th March, 1837. 



In force 
Feb. 4, 
1837. 



AN ACT forming an additional Judicial Circuit. 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That an additional judicial 
circuit is hereby created in this State, composed of the counties 
of Cook, Will, McHenry, Kane, Lasalle, and Iroquois, which 
shall be called and known as the seventh judicial circuit. 

Approved, 4th Feb. 1837. 



In force 
20tk July h 
1837. 



AN ACT to legalize Processes in the Circuit Courts of this 

State. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That all writs and processes, 
of whatever kind or description, issued by any of the clerks of the 
circuit courts of this state, prior to the passage of this act, and 
bearing teste in the name of the presiding judge, shall be and the 
same are hereby declared to be good and valid in law, in respect 
to such teste ; and no writs or processes shall be quashed, set 
aside, or held to be null and void, for any such cause. 

This act to take effect and be in force from and after its passage. 

Approved, 20th July, 1837. 



In force JlN ACT to amend an Act concerning Process, approved, Febru- 
f^ 21s/ ' ary 25, 1837, and for other purposes. 

Process is- Sec. 1. Be it enacted by the People of the State of Illinois, 
cierks'ie- re P resentec ^ in the General Assembly, That all process, of what- 
claredgood ever kind or description, issued by any of the clerks of the cir- 
cuit courts of this state, since the first day of May last, when the 
above recited act took effect, and bearing teste in the name of the 
judge of said circuit, be and the same is hereby declared to be 
good and valid in law, in respect to such teste, in the same man- 
ner as though said writs had [borne] teste in the name of the clerks ; 
quashed. * an d n0 suc ^ process shall be quashed or set aside, or held to be 
null and void for any such cause. 



COSTS. 195 

Sec. 2. The public printer shall immediately insert in his D ^f lc of 
paper, and forward one copy of the above act, to each of the pr i n t er . 
clerks' offices in this state, to be filed by said clerk in his office. Clerks to 

Sec 3. That when the guardian of the infant heirs of Alexan- (^ an # ari 
der McAllister, deceased, shall have filed with the probate court °L h ^ s °£ 
of the county of Schuyler, a bond with good and sufficient se- to ji e oonc [, 
curities, to be approved of by said court, in such sum as may be 
deemed sufficient by said court, conditioned for the faithful dis- 
charge of the duties enjoined by this act, said guardian shall be, 
and hereby is empowered to sell and convey by sufficient deeds, p °™ erto 
all or such number of the lots, belonging to the said Alexander 1* nd ° 
McAllister, deceased, lying in and adjacent* to the town of Rush- 
ville, in the county of Schuyler, as the court aforesaid may deem 
most advantageous for the said heirs. 

Sec 4. The aforesaid probate court, may order said lots to be 
sold for cash or on credit not to exceed ten years, at public or at pri- 
vate sale, as to said court may seem best calculated to secure the 
interests of the heirs of said Alexander McAllister, deceased. 

This act to take effect and be in force from and after its passage. 

Approved, 21st July, 1837. 



COSTS. 
JIN ACT concerning Costs. 



"s 



Sec I. Be it enacted by the People of the State of Illinois, In ~ 
represented in the General Assembly, That in all actions on office June i, 
bonds for the use of any person ; actions on the bonds of execu- 1S27 - 
tors, administrators or guardians ; qui tarn actions ; actions on any 
penal statute ; and in all cases in law or equity- where the plaintiff , r 

* c ' • • ]l -I J 1 I 11 NoYl reSl ~ 

or person tor whose use an action is to be commenced, snail not dents to 
be a resident of this state, the plaintiff or person for whose use the &™ e J* em *" 
action is to be commenced, shall, before he institute such suit, file, costs. 
or cause to be filed with the clerk of the circuit or supreme court in 
which the action is to be commenced, an instrument in writing, of 
some responsible person, being a resident of this state, to be ap- 
proved by the clerk, whereby such person shall acknowledge him- 
self bound to pay, or cause to be paid, all costs which may accrue 
in such action, either to the opposite party, or to any of the offi- 
cers of such . courts ; which instrument in writing may be in the 
form, and to the purport following, to wit : 

A. B. ) Court, 

vs. > 
C. D. ) 
* I do hereby enter myself security for costs in this cause, and Bond. 
acknowledge myself bound to pay or cause to be paid, all costs 
which may accrue in this action either to the opposite party or to 
any of the officers of this court, in pursuance of the laws of this 
state. Dated this day of E, F. 

* See " Practice" Act of Feb. 9, 1831. 



196 



COSTS. 



Suits may 
be dismiss- 
ed. 

The attor- 
ney shall 
pay costs. 



Residents 
required in 
certain 
cases to 
give secur- 
ity for 



Poor per- 
sons may 
prosecute 
without 
paying 
costs. 
Counsel to 
be assigned 
them. 



Plaintiffs' 
costs to be 
taxed and 
recovered 
by execu- 
tion. 

Exception. 



When de- 
fondant 
shall recov- 
er costs. 



Defend- 
ant's costs. 



Upon de- 
murrer. 



If any such action shall be commenced without filing such instru- 
ment of writing, the court, on motion, shall dismiss the same, and the 
attorney of the plaintiff shall pay all costs accruing thereon ; and if 
at any time after the commencement of any suit by a resident of this 
state, he shall become non-resident ; or, if in any case the court shall 
be satisfied that any plaintiff is unable to pay the costs of suit, or that 
he is so unsettled as to endanger the officers of the court, with re- 
spect to their legal demands, it shall be the duty of the court, on mo- 
tion of the defendant or any cfBcer of the court, to rule the plaintiff 
on or before a day, in such rule named, to give security for the pay- 
ment of costs in such suit: if such plaintiff shall neglect or refuse, on 
or before the day in such rule named, to file an instrument of writing 
of some responsible person, being a resident of this state, whereby 
he shall bind himself to pay all costs which have accrued, or may ac- 
crue in such action, the court shall, on motion, dismiss the suit. 

S c. 2. If any court shall, before, or after the commence- 
ment of any suit, be satisfied that the plaintiff is a poor person, 
and unable to prosecute his or her suit, and pay the costs and ex- 
penses thereof, they may, in their discretion, permit him or her to 
commence and prosecute his or her action, as a poor person ; and 
thereupon such person shall have all the necessary writs, process, 
and proceedings, as in other cases without fees or charge. The 
court may assign to such person counsel, who, as well as all other 
officers of the court, shall perform their duties in such suit without 
any fees, charge or reward : if judgment be entered for the plain- 
tiff', there shall be judgment for his costs ; which costs shall be col- 
lected for the use of the said officers. 

Sec. 3. If any person shall sue in any court of this state, any 
action, real, personal or mixed, or upon any statute for any offence 
or wrong immediately personal to the plaintiff, and shall recover 
any debt or damage in such action, then the plaintiff or demandant 
shall have judgment to recover costs against the defendant to be 
taxed ; and the same shall be recovered together with the debt or 
damages by execution, except in the cases hereinafter mentioned. 

Sec 4- If any person shall sue in any court of record of this 
state, any action, wherein the plaintiff' or demandant might have 
costs in case judgment be given for him, and he be non-prosed, or 
suffer a discontinuance, or be non-suited after appearance of the 
defendant, or a verdict pass against him, then the defendant shall 
have judgment to recover his costs against the plaintiff, (except 
against executors or administrators prosecuting in the right of their 
testator or intestate,) or demandant to be taxed, and the same shall 
be recovered of the plaintiff or demandant, by like process as the 
plaintiff or demandant might have had against the defendant, in 
case judgment, had been given for such plaintiff or demandant. 

Sec. 5. Any person making avowry, justification or cognizance 
in replevin, if the same be found for him, or the plaintiff be non- 
suited or non-prosed, suffer a discontinuance, or be otherwise bar- 
red, then such person shall recover his damages and costs against 
the plaintiff, in like manner as the plaintiff would have done, if the 
same had been found against the defendant. 

Sec 6. If, in any action, judgment upon any demurrer, by 
either party to the action, shall be given against the plaintiff or de- 



COSTS. 197 

mandant, the defendant shall recover costs against the plaintiff or 
demandant. If such judgment be given for the plaintiff or de- Plaintiffs' 
mandant, he shall recover costs against the defendant ; and the d 08 ^^ 
person so recovering costs, shall have execution for the same. 

Sec. 7. Where any defendant in any action, or plaintiff in re- Costs tobe 
plevin, shall plead several matters, and any of such matters, upon given at the 
demurrer joined, shall be adjudged insufficient, or if a verdict show of the court 
be found, in any issue of the cause, for the plaintiff or demandant, in certain 
costs shall be given at the discretion of the court. 

Sec. 8. Where there are several counts in any declaration, and Where 
any one of them be adjudged insufficient, or a verdict on any issue t J e ^,^ re 
joined thereon, shall be found for the defendant, costs shall be counts. 
awarded in the discretion of the court. 

Sec 9. Where several persons are made defendants to any Where sev- 
action of trespass, assault, false imprisonment, detinue, replevin, yrtdtfts, 
trover, or ejectment, and any one or more of them shall, upon the some ac- J 
trial, be acquitted by verdict, every person so acquitted shall ouitted < 
recover his costs of suit, in like manner as if such verdict of ac- 
quittal had been given in favor of all the defendants. 

Sec 10. In all suits upon any writ of scire facias, or upon 
prohibition, the plaintiff obtaining judgment, or an award of exe- On scire 
cution, after plea pleaded, or demurrer joined therein, shall recover ^S^m! 
his costs of suit ; if the plaintiff shall be non-suited, non-pros' d, 
or suffer a discontinuance, or a verdict shall pass against him, the 
defendant shall recover his costs. 

Sec 11. In no case in the circuit court shall the fees of more 
than four witnesses be taxed against the party against whom iudg- Costs for 

i it i • c i i i n t i • fourwit- 

ment shall be given tor costs, unless the court shall certily on their nesses only 
minutes, that more than four witnesses were really necessary ; in aUowed - 
which case the clerk shall tax the costs of as many witnesses as the 
court shall so certify. 

Sec 12. In all cases, where any action shall be dismissed for Costs in 
irregularity, or be non-pros'd or non-suited by reason that the ™ setii % s 
plaintiff neglects to prosecute the same, the defendant shall have 
judgment for his costs, to be taxed, and have execution thereof. 

Sec 13. In all suits and actions commenced, or to be com- where the 
menced for, and on behalf of the people of this state, or the P eo P le > & c * 

, r i i i r r i • i iv r are Ptam-- 

governor thereof, or on behalt ot the president and directors ol tiffs, 
the state bank, or for, or on behalf of any county of this state, or 
in the name of any person for the use of the people of this state, 
or any county, then and in every such case, if the plaintiff or 
plaintiffs shall recover any debt or damages in such action or suit, 
the plaintiff or plaintiffs shall recover costs as any other person in 
like cases : but if such plaintiff or plaintiffs suffer a discontinuance, 
or be nonsuited, or non-pros'd or verdict pass against such plaintiff 
or plaintiffs, the defendant shall not recover any costs whatever. 
Nothing in this section contained shall extend to any popular action, 
nor to any action to be prosecuted by any person in behalf of 
himself and the people or a county, upon any penal statute. 

Sec 14. Upon the complainant dismissing his bill in equity, or Costs when 
the defendant dismissing the same for want of prosecution, the de-™ c ™ eredm 
fendant shall recover against the complainant full costs ; and in all 
other cases in chancery, not otherwise directed by law, it shall be 



193 COSTS. 

in the discretion of the court to award costs or not ; and the pay- 
ment of costs, when awarded, may be compelled by execution. 
Sec. 15. When any suit shall be commenced in the name of 
Cestuy que one person, to the use of another, the person to whose use the 
for costs, action is brought shall be held liable and bound for the payment of 
all costs which the plaintiff may be adjudged or bound to pay, to 
be recovered by action on the case. 

Sec 16. In all cases of appeal or certiorari upon the judgments 
On appeal f i l]S tice of the peace, when the judgment of the justice of the 

or certwra- J . ,. . i ,, ' . ■ i i J v 

ri, peace shall be wholly affirmed or reversed, the party succeeding 

Amended* shall recover from the opposite party his costs, not only in the 
circuit court but before the justice of the peace, and shall have his 
execution therefor : not more than fifteen dollars shall be taxed for 
costs in the circuit court, against the losing party in any such case ; 
whatever costs shall have been made by the party succeeding in 
such appeal or certiorari over and above the said sum of fifteen 
dollars, shall be paid by himself: where the judgment of the justice 
of the peace shall be affirmed in part, then the court shall divide 
the costs between the parties, according to the justice of the case. 
jromjudge $ EC - *?• In all cases of appeal from the decision of a judge of 
'of probate, probate, the costs shall be in the discretion of the circuit court. 
On appeals Sec 18. If any person shall sue out a writ of error, or take an 
orwritsof appeal to the supreme court, to review the judgment of the circuit 
Supreme court, and the same judgment be affirmed, or the writ of error be 
court. discontinued or quashed, or the plaintiff in error or appellant be 
non-suited, the defendant in error or appellee shall recover his 
costs, and have execution therefor ; and if the judgment be re- 
versed, the appellant or plaintiff in error shall recover his costs, 
and shall have execution therefor, as in other cases. 

Sec 19. In every such case, if the judgment or decree be 

Percent- a ff™ed in the whole, the party prosecuting such writ of error or 

um, fyc appeal shall pay to the opposite party a sum not exceeding ten per 

centum on the amount of the judgment or decree so attempted to 

be reversed, at the discretion of the court, and in addition to the 

costs, shall have judgment and execution thereof : Provided, the 

supreme court shall be of opinion that such appeal or writ of error, 

was prosecuted for delay. 

Costs may Sec 20. Where such judgment or decree shall be reversed in 

be appor- p art> aru ] affirmed in part, the costs shall be apportioned between 

twned. a , i- i v • c i 

the parlies, according to the discretion of tne supreme court. 
Sec 21. The clerk of any court in this state, is hereby author- 
n . ;. ized and required to tax and subscribe all bills of costs arisine: in 

Duty of 1 ....... r» i • i i ■ 

clerks. any cause or proceeding, instituted in the court ot which he is 
clerk, agreeably to the feest which shall, for the time being, be al- 
lowed or specified by law ; and shall in no case allow any item or 
charge, unless he shall be satisfied that the service for v>hich it was 
made, was actually performed in the cause. 

Sec 22. If any person shall feel himself aggrieved by the 

Remedy taxation of any bill of costs by the clerk, he may apply to the 

a° r ^Zved court H1 which the action or proceeding was had, to retax the sajne 

according to law : if the said court shall find any charge allowed 

* See act of Jan. 23, 1829, relating- to JiLsticcs of the Peace, Sec. 15. 



may be 
awarded. 



CRIMINAL CODE. 199 

for services not performed, or for which the person charged is not 
liable, or any item charged higher than by law is allowed, then the 
court shall correct such taxation, and if the party aggrieved shall 
have paid such unlawful charge, the clerk shall forfeit all fees . 
allowed to him for taxation ; and shall pay to the party aggrieved clerks* 
the whole amount which he may have paid, by reason of the al- 
lowing of such unlawful charge. 

Sec. 23. In all cases where either party shall be adjudged to Fee bills 
pay costs before final judgment, by reason of setting aside non- ™ a y £° . out 
suit, default, ornon-pross, or the granting ol a continuance or new cases before 
trial, or otherwise, and in all cases where there is security for-^" oZ J ud S 
costs, or attorney liable for costs, or an action brought to the use 
of another, and the plaintiff shall be adjudged to pay the costs, 
either before or upon final judgment, it shall be lawful for the clerk 
to make out and tax a bill of costs so adjudged to be paid, against 
the party adjudged to pay the same and against his security for 
costs, or other person liable for the payment thereof, or either of 
them, and certify the same under the seal of the court, which being 
delivered to the sheriff of the proper county, he shall demand pay- 
ment from the person therein charged ; if payment shall not be 
made accordingly, within thirty days after such demand, the sheriff 
shall levy the same on the goods and chattels, lands, and tenements 
of the person so chargeable, and proceed therein in all things as 
on a writ of fieri facias . 

Sec 24. All acts and part of acts coming within the purview Adsre- 
of this act, are hereby repealed : but all costs, actions, and rights, pealed. 
which have accrued under any law, repealed by this act, are saved 
from the operation of the foregoing repealing clause. 

This act to be in force on the first day of June next. 

Approved, January 10, 1827* 



CRIMINAL CODE. 



*BJ\* ACT relative to Criminal Jurisprudence. jjyllu 

1833. 

Be it enacted by the people of the State of Illinois, represented 
in the General Assembly^ That the following shall, from and after 
the first day of July next, constitute the code of criminal jurispru- 
dence of this State. 

First Division. 

Persons capable of committing crimes. 

Sec 1. A crime or misdemeanor consists in a violation of a &rf n } tion 
public law, in the commission of which there shall be an union or ° 
joint operation of act and intention, or criminal negligence. 

Sec 2. Intention is manifested by the circumstances connected Mention. 



200 



CRIMINAL CODE. 



mind. 



Infant. 



Lunatic. 



with the perpetration of the offence, and the sound mind, and dis- 
cretion of the person accused. 
Who shall S EC . 3. A person shall be considered of sound mind who is 
ed of sound neither an idiot or lunatic, or affected with insanity ; and who hath 
arrived at the age of fourteen years, or before that age, if such 
person know the distinction between good and evil. 

Sec. 4. An infant under the age of ten years, shall not be found 
guilty of any crime or misdemeanor. 

Sec 5. A lunatic or insane person, without lucid intervals, 
shall not be found guilty of any crime or misdemeanor, with which 
he may be charged : Provided, the act so charged as criminal, shall 
have been committed in the condition of insanity. 

Sec. 6. An idiot shall not be found guilty, or punished, for any 
crime or misdemeanor, with which he or she may be charged. 

Sec. 7. Any person counseling, advising, or encouraging an in- 
fant under the age of ten years, lunatic, or idiot, to commit any 
offence, shall be prosecuted for such offence when committed, as 
principal, and if found guilty, shall suffer the same punishment 



Idiot. 

Persons 
counseling 
and encour- 
aging in- 
fants, fyc. 
to commit 



crimes to be that would have been inflicted on such person 



punished as 



counseling. 



advising, 



principals. or encouraging, as aforesaid, had he or she committed the offence 

directly, without the intervention of such infant, lunatic, or idiot. 
Married g EC# g. A married woman acting under the threats, command, 

when act- or coercion of her husband, shall not be found guilty of any crime 
ing under or misdemeanor not punishable with death, provided it appear from 

the rncvrinn i» i /• • r* i • l 1 

all the facts and circumstances of the case, that violent threats, 
command, or coercion were used ; and in such case the husband 
shall be prosecuted as principal, and receive the punishment which 
would otherwise have been inflicted on the wife, if she had been 
found guilty. 

Sec 9. Drunkenness shall not be an excuse for any crime or 
ness no ex- misdemeanor, unless such drunkenness be occasioned by the fraud, 

cuse for ' r r . i. ■ 

contrivance, or lorce, oi some other person or persons lor tue pur- 
pose of causing the perpetration of an offence ; in which case the 
person or persons so causing said drunkenness, for such malignant 
purpose, shall be considered principal, or principals, and suffer the 
same punishment as would have been inflicted on the person or 
persons committing the offence, if he, she, or they had been pos- 
sessed of sound reason and discretion. 

Sec 10. Acts committed by misfortune or accident, shall not 
be deemed criminal, where it satisfactorily appears, that there was 
no evil design or intention, or culpable negligence. 

Sec 11. A person committing a crime, or misdemeanor, not 
punishable with death, under threats or menaces which sufficiently 
shew, that his, or her life, or member was in danger ; or that he, 
or she, had reasonable cause to believe, and did believe, that his, 
or her life or member was in danger, shall not be found guilty : and 
such threats or menaces being proved and established, the person or 
persons compelling by su.'h threats, or menaces, the commission of 
the offence, shall be considered as principal or principals, and suf- 
fer the same punishment, as if he or she, had perpetrated the 
offence. 

Sec 12. A person that becomes lunatic or insane after the 
commission of a crime or misdemeanor, ought not to be tried (or 



the coercion 
of their 
husbands. 



Drunken- 



crime, un- 
less when 
caused by 
another. 

Persons s 
causing it 
to be pun- 
ished. 

Acts com- 
mitted by 
accident. 



Persons 
commit- 
ting crimes 
under 
threats. 



A person 
who be- 



CRIMINAL CODE. 201 

the offence during the continuance of the lunacy or insanity. \{ sane after 
after verdict of guilty, and before judgment pronounced, such per- gi 0n qf a 
sons become lunatic or insane, then no judgment shall be given, crime not to 
•while such lunacy or insanity shall continue. during 

And if after judgment, and before execution of the sentence, «"•£ insan- 
such person become lunatic or insane, then in case the punishment l ju ry t ooc 
be capital, the execution thereof shall be stayed until the recovery empan- 
of said person from the insanity or lunacy. In all of these cases, ^kl^ker in- 
it shall be the duty of the court to empannel a jury to try the ques- sane or lu- 
tion, whether the accused be, at the time of empanneling, insane natlc ' 
or lunatic. 

Second Division. 

Accessories in Crimes* 

Sec 13. An accessory is he or she, who stands by and aids, 
abets, or assists ; or who not being present aiding, abetting, or as- Accessory. 
sisting, hath advised and encouraged the perpetration of the crime. 
He or she, who thus aids, abets, or assists, advises, or encourages, 
shall be deemed and considered as principal, and punished accord- 
ingly. 

Sec 14. An accessory after the fact, is a person who, after Accessory 
full knowledge that a crime has been committed, conceals it from y/jj w/?e 
the magistrate, or harbors and protects the person charged with or' 
found guilty of the crime. 

Any person being found guilty of being an accessory after the fact, 
shall be imprisoned for any term not exceeding two years, and 
fined in a sum not exceeding five hundred dollars, in the discretion 
of the court, to be regulated by the circumstances of the case, and 
the enormity of the crime. 

Third Division. 

Who may be Witnesses in Criminal Cases. 

a ... -11 Party in- 

Sec 15. The party or parties injured, shall, in all cases, be juredinaii 
competent witnesses, unless he, she, or they, shall be rendered in-^Jff^eS a 
competent by reason of his, her, or their infamy or other legal in- witness* 
competency, other than that of interest ; the credibility of all Credibility. 
such witnesses shall be left to the jury as in other cases. 

Sec 16. No black or mulatto person, or Indian, shall be per- 
mitted to give evidence in favor, or against, any white person what- Negroes, 
soever. Every person who shall have one fourth part or more of be^wltnesl 
negro blood, shall be deemed a mulatto, and every person who again* 
shall have one half Indian blood, shall be deemed an Indian. ™ ns e . peT 

Sec 17. Approvers shall not be allowed to give testimony. Approvers. 

Sec 18. The solemn affirmation of witnesses shall be deemed twn™ 
sufficient. A false and corrupt affirmation shall subject the witness If false, to 
to all the penalties and punishment provided for those who commit per j U ry, 
wilful and corrupt perjury. 
26 



202 



CRIMINAL CODE. 



Fourth Division. 



Crimes against the Government and People. 



Crimes 
against the 
Govern- 
ment. 



Treason, in 
what it con- 
sists. 



Misprisions 
of treason. 

Punish- 
ment. 



Sec. 19. Crimes against the government and people, shall com- 
sist in treason, and misprision oi' treason, and can only be commit- 
ted by persons owing adegiance to the state. 

Sec. 20. Treason shall consist in levying war against the gov- 
ernment and people of this slate, in the same, or being adherent to 
the enemies of this state, giving them aid, advice, and con-fort in 
this state, or elsewhere. Any person being hereof duly convicted 
of open deed, by two or more witnesses, or voluntary confession 
in open court, shall suffer the pains and penalty of death : and when 
the overt act of treason shall be committed, without the limits of 
this state, the person charged therewith, may be arrested, tried, and 
punished in any county of this state, within the limits of which he 
may be found ; and the offence may be charged to have been com- 
mitted in the county where he may be arrested. 

Sec 21. Misprisions of treason shall consist in the knowledge 
and concealment of treason, without otherwise assenting to, or 
participating in the crime. Any person found guilty thereof, shall 
be punished by confinement in the penitentiary for any term not 
exceeding two years. 



Fifth Division. 



Murder, 
definition 
of 



Express, 
malice, 
definition 
of 

Malice im- 
plied. 

Punish- 
ment. 

Man- 
slaughter, 
definition 
of 



Voluntary 
man- 
slaughter. 



Offences against the persons of individuals. 

Sec 22. Murder is the unlawful killing of a human being, hi 
the peace of the people, with malice aforethought, either express 
or implied. The unlawful killing may be perpetrated by poison- 
ing, striking, starving, drowning, stabbing, shooting, or by any 
other of the various forms, or means, by which human nature may 
be overcome, and death thereby occasioned. 

Sec 23. Express malice is that deliberate intention unlawfully 
to take away the life of a follow creature which is manifested by 
external circumstances, capable of proof. 

Sec 24. Malice shall be implied, when no considerable provo- 
cation appears, or when all the circumstances of the killing, show 
an abandoned and malignant heart. The punishment of any per- 
son or persons convicted of the crime of murder, shall be death. 

Sec 25. Manslaughter is the unlawful killing of a human being 
without malice express or implied, and without any mixture of de- 
liberation whatever. It must be voluntary, upon a sudden heat of 
passion, caused by a provocation apparently sufficient to make the 
passion irresistible or involuntary, in the commission of an unlawful 
act, or a lawful act without due caution or circumspection. 

Sec 26. In cases of voluntary manslaughter, there must be a 
serious and highly provoking injury indicted upon the person kill- 
ing, sufficient to excite an irresistible passion in a reasonable per- 



CRIMINAL CODE. 203 

son, or an attempt by the person killed to commit a serious per- 
sonal injury on the person killing. 

Sec. 27. The killing must be the result of that sudden violent Mustbethe 
impulse of passion, supposed to be irresistible ; for if there should result of 
appear to have been an interval between the assault or provocation J^sSn. 
given and the killing, sufficient for the voice of reason and humanity 
to be heard, the killing shall be attributed to deliberate revenge, 
and punished as murder. 

Sec 28. Involuntary manslaughter shall consist in the killing of InvoluMa- 
a human being, without any intent so to do, in the commission of 'daughter, 
an unlawful act, or a lawful act, which probably [might] produce definition 
such a consequence, in an unlawful manner : Provided alway?, 
That where such involuntary killing shall happen in the commis- 
sion of an unlawful act, which in its consequences naturally tends 
to destroy the life a human being, or is commuted in the prosecu- 
tion of a felonious intent, the offences shall be deemed and adjudged 
to be murder. 

Sec 29. Every person convicted of the crime of manslaughter 
shall be punished by imprisonment in the penitentiary for a term Punis]u 
not exceeding three years, and fined not exceeding one thousand 
dollars. 

Sec 30. In order to make the killing either murder or man- J° consti- 
slaughter, it is requisite that the party die within a year and a day, killing ei- 
after the stroke received, or the cause of death administered ; in thermur- 
the computation of which, the whole of the day on which the hurt s iav°-hter™~ 
was done, shall be reckoned the first. the v ar ty 

Sec 31. If the injury be inflicted in one county, and the party w uh.in a 
die within another county, or without the state, the accused shall year °-nd 
be tried in the county where the cause of death was administered. Accused to 
And if the party killing shall be in one county, and the party killed be tried in 
be in another county, at the time the cause of death shall be admin- W h.er°ethl 
istered, the accused may be tried in either county. crime was 

Sec 32. Justifiable homicide is the killing of a human being in committed °- 
necessary self defence, or in defence of habitation, property, or £]f-^ e 
person, against one who manifestly intends or endeavors by violence definition 
or surprise to commit a known felony, such as murder, rape, rob- °f' 
bevy, burglary, and the like, upon either person or property, or against 
any person or persons who manifestly intend and endeavor, in a 
violent, riotous, or tumultuous manner, to enter the habitation of 
another for the purpose of assaulting or offering personal violence 
to any person dwelling or being therein. 

Sec S^. A bare fear of any of these offences, to prevent which Bare fear 
the homicide is alledsed to have been committed, shall not be suf- notsuffi- 
ficient to justify the killing. It must appear that the circumstances justify the 
were sufficient to excite the fears of a reasonable person, and that homicide. 
the party killing really acted under the influence of those fears, and 
not in a spirit of revenge. 

Sec 34. If a person kill another in self defence, it must appear Person 
that the dancer was so urgent and pressing: that in order to save *#&*£ an - 

, . t/»° i ■ • • i vi l i other in 

his own lite, or to prevent his receiving great bodily, harm t i&&seifdefenc% 
killing of the other was absolutely necessary ; and it must appear 
also, that the person killed was the assailant, or that the slayer had 



204 



CRIMINAL CODE. 



An officer 
assau. ted in 
the dis- 
charge of 
his duty, 
shall be jus- 
tified in 
killing- the 
aggressor. 



really and in good faith, endeavored to decline any further struggle 
before the mortal blow was given. 

Sec. 35. If an officer in the execution of his office in a crimi- 
nal case, having legal process, be resisted and assaulted, he shall 
be justified if he kill the assailant. If an officer or private person 
attempt to take a person charged with treason, murder, rape, bur- 
glary, robbery, arson, perjury, forgery, counterfeiting, or other 
crime, denominated felony by the common law 7 , and he or they be 
resisted in the endeavor to take the person accused, and to pre- 
vent the escape of the accused by reason of such resistance, he or 
she be killed, the officer or private person so killing shall be justi- 
fied : Provided, That such officer or private person, previous to 
such killing, shall have used all reasonable efforts to take the ac- 
cused without success, and that from all probability there was no 
prospect of being able to prevent injury from such resistance and 
the consequent escape of such accused person. 

Sec 36. Justifiable homicide may also consist in unavoidable 



Justifiable 

maylonsist necessity, without any will or desire and without any inadvertence 

in unavoid- 
able neces- 
sity. 

The officer 



or negligence in the party killing. An officer who in the execu- 
tion of public justice puts a person to death in virtue of a judgment 
of a competent court of justice, shall be justified, 
must, however, in the performance of his duty proceed according 
to the sentence, and the law of the land. 

Sec 37. Excusable homicide by misadventure, is when a per- 
son in doing a lawful act, without any intention of killing, yet unfor- 
tunately kills another ; as where a man is at work with an axe, and 
the head flies off and kills a bystander ; or where a parent is mod- 
erately correcting his child, or master his servant, or scholar, or an 
officer punishing a criminal, and happens to occasion death, it is 
only a misadventure ; for the act of correction was lawful ; but if a 
parent or master exceed the bounds of moderation, or the officer 
the sentence under which he acts, either in the manner, the instru- 
ment, or quantity of punishment, and death ensue, it will be man- 
slaughter, or murder, according to the circumstances of the case. 

Sec 38, All other instances which stand upon the same foot- 
ing of reason and justice as those enumerated, shall be considered 
justifiable or excusable homicide. 

Sec 39. The homicide appearing to be justifiable or excusable, 
the person indicted, shall, upon his trial, be fully acquitted and 
discharged. 

Sec 40. The killing being proved, the burden of proving cir- 
cumstances of mitigation, or that justify or excuse the homicide, 
will devolve on the accused, unless the proof on the part of the 
prosecution, sufficiently manifests that the crime committed only 
theaccused. amounts to manslaughter, or that the accused was justified or ex- 
cused, in committing the homicide. 
Mother g EC> 41 if an y woman shall endeavor, privately, either by her- 

conceahng , r , J r . i i i i r • 

the death of sen or the procurement ot others, to conceal the death ot any issue 
a bastard f | ier body, male or female, which if born alive, would be a bas- 
tard, so that it may not come to light, whether it shall have been 



Excusable 

homicide, 

definition 

of 

Instances 

of. 



AH in- 
stances as 
above shall 
be consider* 
ed justifi- 
able homi- 
cide. 

When jus- 
tifiable the 
person 
shall be ac- 
quitted. 
In justify- 
ing the 
hilling, the 
onus of 
proof de- 
volves on 



Punish- 
ment. 



murdered or not, every such mother being convicted thereof, shall 
suffer imprisonment in the county jail, for a term not exceeding 



CRIMINAL CODE. 20^ 

one year ; Provided however, That nothing herein contained, shall Proviso. 
be so construed as to prevent such mother from being indicted and 
punished for the murder of such bastard child. 

Sec. 42. The distinciion between petit treason and murder, is Distinction 
hereby abolished. Any person who might have been indicted for ^lut^eason 
petit treason, shall hereafter be indicted for murder, and if convict- and murder 
ed, be punished accordingly. abolished. 

Sec. 43. If any person hereafter shall wilfully and maliciously, Duelling, 
or by agreement, fight a duel, or single combat, with any engine, 
instrument, or weapon, the probable consequence of which might 
be the death of either party, and in so doing, shall kill his antago- 
nist, or any person or persons, or shall inflict such wound, as that 
the party injured shall die thereof within one year thereafter ; every 
such offender, his second, as well as the second of the person 
killed, and all aiders, abettors, and counselors, being thereof duly 
convicted, shall be considered to have committed a high misde- 
meanor and shall be punished by confinement to labor in the peni- ^^ sh ^ 
tentiary, for any term not exceeding five years, nor less than one 
year. 

Sec 44. If any person shall hereafter challenge another to fight Party chaU 
a duel with any deadly weapon, or in any manner whatever, the ev s m s- 
probable issue of which might result in the death of either ; or if 
any person shall accept a challenge or agree to fight a duel, every Party ac-. 
person so offending shall, upon conviction thereof, be rendered in- ^eof. 
capable of holding or being elected to 'any office of profit, trust, or 
emolument, either civil or military, under the government of this Punish-. 
state, and be fined in a sum not exceeding one hundred dollars. menL 

Sec 45. If any person shall willingly or knowingly, carry or Party Re- 
deliver any written challenge, or verbally deliver any message in-? 6 ;? 77 ^* 1 
tended as, or purporting to be, a challenge, or shall be present at 
the fighting of any duel as aforesaid, as a second or aid, or give Seconds. 
countenance thereto, such person being thereof duly convicted shall 
be subject to the same fine and disabilities, as are provided in the Punish- 
case of sending a challenge as aforesaid. It shall not be necessary ment ' 
in an indictment against any person or persons for fighting a duel, j n i n dict- 
or against their seconds, aiders, abettors, or counselors, or against ments for 
any person for sending or accepting a challenge, or for carrying <^f uf&all 
any callenge, or delivering any message, intended as, or purporting nolle 
to be a challenge, or for being present at the fighting of any duel, ^cirythe 
as a second ; or for aiding or giving countenance to any duel, or kind I of 
the sending or accepting any challenge, to specify the nature OY l ^°^ hick 
kind of the engine, instrument, or weapon with which the duel the duel 
shall be fought, or intended to be fought, so that it be alledged ' m was f 0U S ht 
the indictment, that the engine, weapon, or instrument was deadly, 
the probable consequence of fighting with which, might be the 
death of either of the parties. 

Sec 46. Every person who shall wilfully and maliciously ad- 
minister, or cause to be administered to, or taken by any person, Poisoning. 
any poison, or other noxious or destructive substance or liquid, 
with the intention to cause the death of such person, and being 
thereof duly convicted, shall be punished by confinement in the Punish- 
penitentiary for a term not less than one year, and not more than wen ' 
seven years. And every person who shall administer, or cause to 
be administered, or taken, any such poison, substance, or liquid, 



Punish 
ment. 



206 CRIMINAL CODE. 

When done w j tn tne intention to procure the miscarriage of any woman then 
mScar^ re being with child, and shall thereof be duly convicted, shall be im- 
r p" e -' h prisoned for a term not exceeding three years in the penitentiary, 
m enL " a°d fi ne d in a sum not exceeding one thousand dollars. 
Mayhem Sec 47. Mayhem consists in unlawfully depriving a human 
jjinnon k e i n g of a member of his or her body, or disfiguring, or rendering 
it useless. If any person shall unlawfully cut out, or disable the 
tongue, put out an eye, slit the nose, ear, or lip, or disable any 
limb or member of another, or shall voluntarily and of purpose, put 
out an eye or eyes, every such person shall be guilty of mayhem, 
and, on conviction, shall be punished by confinement in the peni- 
tentiary, for a term not less than one year, nor more than three 
Proviso. 3'ears : Provided, That no person shall be found guilty of may- 
hem, where the fact occurred during a fight had by consent, nor 
unless it appear that the person accused shall have been the assail- 
ant, or that the party maimed had, in good faith, endeavored to 
decline further combat. But in all other cases where the fact 
shall happen in actual fight, the party accused, being thereof duly 
convicted, shall be adjudged guilty of a high misdemeanor, and 
punished by imprisonment in the penitentiary not exceeding one 
year, and be fined not exceeding one thousand dollars. 
Rape, defi- Sec 43. Rape is the carnal knowledge of a female forcibly, 

ration of. ,- . ', ' r. ... '- p . *> 1 c r 

and against her will. hvery male person 01 the age ot fourteen 
years and upwards, who shall have carnal knowledge of any female 
child under the age of ten years, either with or without her con- 
sent, shall be adjudged to be guilty of the crime of rape. Every 
person convicted of the crime of rape, shall be punished by con- 

Punish- finement in the penitentiary for a term not less than one year, and 
may extend to life. 

Proof of g ECt 49. j t sna i] no t oe necessary to prove emission to convict 

emission r . . c vi • 

not necessa- any person ot the crime ol rape, or the crime against nature. 
r v-. Sec 50. The infamous crime against nature, either with man 

against na- or beast, shall subject the offender to be punished by imprison- 
ture. ment in the penitentiary for a term not less than one year, and 

Punish- . j . it 

menL may extend to lite. 

Assault, Sec. 51. An assault is an unlawful attempt, coupled with a 

ejim wn p resent aD iHty to commit a violent injury on the person of another. 
Assault Sec 52. An assault, with an intent to commit murder, rape, 

To murdTr mayhem, robbery, or larceny, shall subject the offender to confine- 
<K ment in the penitentiary for a term not less than one year, nor more 

mentof. tnan fourteen years. An assault with a deadly weapon, instrument, 

or other thing, with an intent to inflict upon the person of another, 
wuk intent a bodily injury where no considerable provocation appears, or 
bodlbytn- w bere the circumstances of the assault show an abandoned and 
jury. malignant heart, shall be adjudged to be a high misdeamenor, and 

any person thereof duly convicted, shall be fined in a sum not 
D . , exceeding one thousand dollars, and imprisoned not exceeding one 

Punish- .0 . » I o 

ment. year in the county jail. 

Assauitand Sec. 53. Assault and battery is the unlawful beating of an- 

baltery. Other. 

False im- Sec 54. False imprisonment is an unlawful violation of the 

prison- personal liberty of another, and consists in confinement or deten- 

nitionoy. tion without sufficient legal authority. Any person convicted of 

false imprisonment shall be fined in any sum not exceeding five 



CRIMINAL CODE. 207 

hundred dollars, or imprisoned not exceeding; one year in the Punish- 

. ., 7 L ° J merit. 

county jail. 

Sec. 55. Kidnapping is the forcible abduction or stealing away Kidnap- 
of a man, woman, or child from his or her own country, and send- ^Mo^of' 
ing or taking him or her into another. 

Sec. 56. Every person who shall forcibly steal, take, or arrest 
any man, woman, or child, whether white, black, or colored, in 
this state, and carry him or her into another country, state, or ter- 
ritory, or who shall forcibly take or arrest any person or persons 
whatsoever, with a design to take him or her out of this state, 
without having established a claim according to the laws of the 
United States, shall, upon conviction, be deemed guilty of kid- 
napping. Every person found guilty of kidnapping shall be con- 
fined in the penitentiary for a term not less than one year, and not Punish _ 
more than seven years, for each person kidnapped, or attempted ment. 
to be kidnapped. 

Sec 57. Every person who shall hire, persuade, entice, decoy, Kidnap- 
or seduce by false promises, misrepresentations, and the like, any jJ^rocJ^L 
negro, mulatto, or colored person, not being a slave, to go out of 
this state, or to be taken or removed therefrom, for the purpose 
and with the intent to sell such negro, mulatto, or colored person 
into slavery, or involuntary servitude, or otherwise to employ him 
or her for his or her own use, or to the use of another, without 
the free will and consent of such negro, mulatto or colored person, 
any person so offending shall be deemed to have committed the 
crime of kidnapping, and upon conviction thereof, shall be punished 
as in the preceding section. 

Sixth Division* 

Crimes and offences against Habitations and other Buildings^ 

Sec. 58 Every person who shall wilfully and maliciously burn, 
or cause to be burned, any dwelling house, kitchen, office, shop, Arson* 
barn, stable, store-house, ware-house, malt-house, still-house, fac- 
tory, mill, pottery, or other building, the property of any other 
person, or any church, meeting-house, school-house, state-house, 
court-house, work-house, jail or other public building, or any boat, 
or other water-craft, or any bridge of the value of fifty dollars, 
erected across any of the waters of this state, such person, so 
offending, shall be deemed guilty of arson, and upon conviction 
thereof, shall be punished by imprisonment in the penitentiary for ^ 
a term not less than one year, nor more than ten years ; and should 
the life or lives of any person or persons be lost in consequence of 
any such burning as aforesaid, such offender shall be deemed guilty 
of murder, and shall be indicted and punished accordingly. 

Sec. 59. Every person who shall wilfully and maliciously set 
fire to any of the buildings or other property described in the fore- 
going section, with intent to burn or destroy the same, shall be 
deemed guilty of a high misdemeanor, and upon conviction thereof, 
shall be imprisoned in the penitentiary for a term not exceeding 
two years, and be fined in a sum not exceeding five hundred dollars. 

Sec. 60. Every person who shall, in the night time, wilfully 



unish- 



menti 



208 



CRIMINAL CODE. 



Burglary. anc j maliciously and forcibly, break and enter, or wilfully and 
maliciously without force, (the doors or windows being open,) enter 
into any dwelling house, kitchen, office, shop, store-house, ware- 
bouse, malt-house, still-house, mill, pottery, factory, water-craft, 
church, or meeting-house, with intent to commit murder, robbery, 
rape, mayhem, larceny, or other felony, shall be deemed guilty of 
burglary, and upon conviction thereof shall be punished by confine- 
ment in the penitentiary for a term not less than one year, nor more 
than ten vears. 



Punish 
merit. 



Seventh Division. 



Crimes and Offences relative to property. 



Punish- 
ment. 

Larceny, 
definition 
of 



Punish 
ment. 



Person re- 
ceiving- 
stolen 



Robbery, Sec. 61. Robbery is the felonious and violent taking of money, 

definition of gooft^ or other valuable thing, from the person of another, by 
force or intimidation. Every person guilty of robbery shall be 
punished by confinement in the penitentiary for a term not less 
than one year, nor more than fourteen years. 

Sfc. 62. Larceny is the felonious stealing, taking and carrying, 
leading, riding, or driving away the personal goods of another. 
Larceny shall embrace every theft which deprives another of his 
money or other personal property, or those means, or muniments 
by which the right and title to property, real or personal, may be 
ascertained. Private stealing from the person of another, and 
from a house in the day time, shall be deemed larceny : Larceny 
may be also committed by feloniously taking and carrying away 
any bond, bill, note, receipt, or any instrument of writing of value 
to the owner. Every person convicted of larceny, shall be pun- 
ished by confinement in the penitentiary, for a term not less than 
one year, and not more than ten years. 

Sec. 63. Every person who for his own gain, or to prevent 
the owner from again possessing his proprerty, shall buy or receive 
stolen goods, or any thing, the stealing of which is declared to be 
larceny, or property, obtained by robbery, or burglary, knowing 
the same to have been so obtained, shall, upon conviction, be pun- 
ished by confinement in the penitentiary, for any term not less 
than one year, nor more than ten years, and every such person 
may be tried, convicted, and punished as well before, as after the 
trial of the principal. No person convicted of larceny, or of buy* 
ing or receiving goods or other things obtained by larceny, bur- 
glary, or robbery, shall be condemned to the penitentiary, unless 
the money or the value of the thing stolen, bought, or received, 
shall amount to five dollars. 

Sec. 64. All property obtained by larceny, robbery, or bur- 
obta'incd by gl a ry, shall be restored to the owner, and no sale, whether in good 
beTesforcd "M^ 1 on tMe P art °f lne purchaser, or not, shall divest the owner 
to the of his right to such property. Such owner may maintain his 
owner. ac fion not only against the felon, but against any person in whose 

possession he may find the same. 
Aitering,or Sec. 65. Every person who shall mark or brand, alter or de- 
morST ^ ace tne ma, 'k or brand of any horse, mare, colt, jack, jennett, 
brands. mule, or any one or more head of neat cattle, or sheep, goat, hog, 



goods 



Punish 
ment. 



Property 



CRIMINAL CODE. 209 

shoat, or pig, not his or her own property, but belonging to some 
other person, with intent thereby to sieal the same, or to prevent 
identification thereof by the true owner, shall, on conviction there- m ^^ ' 
of, be punished by confinement in the penitentiary for a term not 
less than one year, nor more than three years : Provided, That no Proviso. 
person shall be condemned to the penitentiary, under this section, 
unless the value of the property affected shall amount to five dol- 
lars. And in case the value of the property affected by the of- 
fences herein described, or by larceny, or by buying or receiving 
goods or other property obtained by larceny, robbery or burglary 
shall not amount to five dollars, then the offender shall be punished 
by imprisonment in the county jail, for a term not exceeding three 
months, and fined not exceeding fifty dollars. 

Sec. 66. Every servant, officer, or person employed in any Officers _ 
public department, station, or office of the government of this state, e f ^ b ^y. Uvg 
or any county of this state, or in any office of a corporate body, 
who shall embezzle, steal, secrete, or fraudulently take and carry 
away any money, goods, chattels, effects, book or books of record, 
or of account, bond or bonds, promissory note or notes, bank bills 
or notes, or any other writing or security for the payment of money 
or property, of whatever description it may be, being the property of 
said state, county, or corporate body, shall, on conviction, be p un i s h, 
punished by confinement in the penitentiary, for a term not less ment. 
than one year, nor more than ten years. 

Sec 67. If any officer or person who now is, or hereafter may- 
be entrusted by law to collect, disburse, receive, or safely keep, 
any money or moneys, revenue or revenues, belonging to this state, 
to the school fund of this state, to the school fund of any county or 
township, to any county in this state, to any canal, turnpike, or 
rail-road fund of this state, or any county thereof, or to the presi- 
dent and directors of the state bank, or to any fund for the improve- 
ment of any public road, river, creek, or other water course, bor- 
dering on or within this state, or to any other fund, now in being, 
or hereafter to be established bylaw, for public purposes, and who Failing 
shall fail or refuse to pay over all moneys, warrants, bills, notes, jj^jjjjjj 
and orders which any such officer or person shall receive for dis- omrmon- 
bursement, and has not disbursed, or shall collect, or shall receive, e ^ s > & Ct 
or shall receive for safe keeping, belonging to this state, to any 
county of this state, or to any such fund as aforesaid, when such 
officer or person shall be thereto required by law, and demand duly 
made by the successor or successors of such officer or person in 
office, or by the officer or person to whom such moneys, warrants, 
bilis, notes, or orders, ought by law to be paid over, or his or their 
attorney, or agent duly authorized in writing, signed and acknow- 
ledged, if such demand be practicable ; every such officer or per- 
son shall, on conviction thereof, be punished by confinement in the m ^J* " 
penitentiary for any term not less than one year, nor more than 
ten years : Provided, That no person shall be committed to the Proviso. 
penitentiary under this section, unless the money not paid over 
shall amount to one hundred dollars, if it appear that such failure or 
refusal shall be occasioned by unavoidable loss or accident. Every ^™" r s , 
person convicted under the provisions of this section, shall forever un der this 
21 



210 CRIMINAL CODE. 

section dis- thereafter be ineligible and disqualified from holding any office of 

qualified , /• • 1 • 

from hold- honor or profit in this state. 

ing office. S£ Ct 68. Every person who shall fraudulently or maliciously tear, 
tmtiy and burn, efface, cut, or in any other way destroy any deed, lease, bond, 
maliciously w jU 5 r any other writing sealed, or any bank bill or note, check, 
■paperl^c. warrant for the payment of money or other thing, or other security 
for the payment of money or the delivery of goods, or any certifi- 
cate or other public security of this state, or of the United States, 
or any of them, for the payment of money, or any receipt, acquit- 
tance, release, defeasance, discharge of any debt, suit, or other 
demand, or any transfer, or assurance of money, stock, goods, 
chattels, or other property, or any letter of attorney or other pow- 
er, or any day-book, or other book of account, or any agreement, 
or contract whatsoever, with intent to defraud, prejudice, or injure 
any person, or body corporate, shall, upon conviction thereof, be 
merd ' punished by confinement in the penitentiary for a term not less than 

one year, nor more than five years. 
Removing S EC . 69. Every person who shall knowingly, maliciously, and 
fraudulently, cut, fell, alter, or remove any certain boundary tree, 
or other allowed land maik, to the wrong of his neighbor, or any 
other person, shall, on conviction thereof, pay a fine not exceeding 
menL ' one hundred dollars, or be imprisoned in the county jail for a term 

not exceeding three months. 
Clerks or Sec 70. If any clerk, apprentice, or servant, whether bound or 
a Zcretlng S hired, to whom any money, bank bill, or note, or goods, or chat- 
property ties shall be entrusted or delivered by his or her master or mistress, 
To 1 defraud sna M withdraw himself or herself from his or her master or mistress, 
or steal. and go away with the said money, bank bill, or note, or goods, or 
chattels, or any part thereof, with intent to steal the same, and de- 
fraud his or her master or mistress thereof, contrary to the trust 
Deemed ar, d confidence in him or her reposed by his or her said master or 
guMy of mistress, or being in the service of his or her said master or mis- 
tress, shall embezzle the said money, bank bill or note, goods or 
chattels, or any part thereof, or otherwise shall convert the same to 
his or her own use, with like purpose to steal the same, every such 
person so offending shall be deemed guilty of larceny, and be pun- 
ished accordingly. 
Bailee con- Sec 71. If any bailee of any money, bank bill, or note, or 
property to go° ( 's, or chattels, shall convert the same to his or her own use, 
Msownuse with an intent to steal the same, he shall be deemed guilty of lar- 
guutyof cem / m tne same manner as if the original taking had been feloni- 
larceny'. ous, and on conviction thereof, shall be punished accordingly. 
Lodger Sec 72. If any lodger shall takeaway with intent to steal, em- 

woperty" 8 ' hezzle, or purloin, any bedding, furniture, goods, or chattels, 
Guilty of which he or she is to use, in, or with his or her lodging, he or she 
larceny. s ] )a ]j De (] eemec ] guilty of larceny, and on conviction, shall be pun- 
ished accordingly. 

Eighth Division. 

Forgery and Counterfeiting. 

Forgery. Sec. 78. Every person who shall falsely make, alter, forge, or 
counterfeit any record, or other authentic matter of a public nature, 



larceny. 



CRIMINAL CODE. 211 

or any charter, letters patent, deed, lease, indenture, writing obli- 
gatory, will, testament, codicil, annuity, bond, covenant, bank bill 
or note, post note, check, draft, bill of exchange, contract, prom- 
issory note, due bill for the payment of money or property, receipt 
for money or property, power of attorney, any auditor's warrant 
for the payment of money at the treasury, county order, or any 
accountable receipt, or any order, or warrant, or request for the 
payment of money, or the delivery of goods or chatiels of any kind, 
or for the delivery of any instrument of writing, or acquittance, 
release, or receipt, for money, or goods, or any acquittance, re- 
lease, or discharge for any debt, account, action, suit, demand, or 
other thing real or personal, or any transfer or assurance of money, 
stock, goods, chattels, or other property whatever, or any letter 
of attorney, or other power to receive money, or to receive or 
transfer stock, or annuities, or to let, lease, dispose of, alien or 
convey any goods or chattels, lands or tenements, or other estate, 
real or personal, or any acceptance or endorsement of any bill of 
exchange, promissory note, draft or order, or assignment of any 
bond, writing obligatory, or promissory note, for money or other 
property, or shall counterfeit or forge the seal or hand writing of 
another, with intent to damage or defraud any person or persons, 
body politic or corporate, whether the said person or persons, body 
politic or corporate reside in, or belong to, this stale or not ; or 
shall utter, publish, pass, or attempt to pass as true and genuine, or 
cause to be uttered, published, passed, or attempted to be passed 
as true and genuine, any of the above named false, altered, forged, 
or counterfeited matters, as above specified and described, know- 
ing the same to be false, altered, forged, or counterfeited, with 
intent to prejudice, damage, or defraud any person or persons, 
body politic or corporate, whether the said person or persons, body 
corporate and politic reside in this state or not ; every person so 
offending, shall be deemed guilty of forgery, and upon conviction Punisk- 
thereof shall be punished by confinement in the penitentiary for a m "'" 
term not less than one year, nor more than fourteen years. 

Sec 74, Every person who shall counterfeit any of the species Counter- 
of gold or silver coin now current, or that shall hereafter be cur- 6l l 
rent in this state, or shall pass or give in payment, or offer to pass 
or give in payment such counterfeited coin, or permit, cause, or 
procure the same to be altered or passed, with intention to defraud 
any person, body politic or corporate, knowing the same to be 
counterfeited, shall be deemed guilty of counterfeiting, and being 
thereof duly convicted, shall be punished by confinement in the Punish, 
penitentiary for a term not less than one year, nor more than four- men " 
teen years. 

Sec 75. Every person who shall have in his or her possession, Persons 
or receive for any other person, any counterfeit s:old or silver coin ^avingin 

r , J . * J J - p m possession 

or coins, ot the species now current, or hereaiter to be current in counterfeit 
this state, with intention to utter or pass the same, or to permit, mm \ e y °f 

1 , , I , , 7 ' . . . r • . • srold or sd- 

cause, or procure the same to be uttered or passed, with intention- ver , coin 
to defraud any person or persons, body politic or corporate, know- withj?rtent 
ing the same to be counterfeit, and being thereof duly convicted, 
shall be punished by confinement in the penitentiary not less than ^"*/ sA ~ 
one, nor more than fourteen years. 



212 CRIMINAL CODE. 



Persons 
having in 



co [inter felt 
notes, fyc. 



Sec. 76. Every person who shall have in his or her possession, 
or shall receive from any other person, any forged promissory note 
or notes, or bank bill or bills., for the payment of money with in- 
tention to utter or pass the same, or to permit, cause, or procure 
the same to be uttered or passed, with intention to defraud any 
witklnten- person or persons, body corporate or politic, whether such person 
tionto utter OY p ersons? body corporate or politic, reside in, or belong to this 
state or not, knowing the same to be forged or counterfeited, or 
shall have or keep in his possession any blank or unfinished note 
or bank bill, made in the form or similitude of any promissory 
note, or bill for payment of money made to be issued by any in- 
corporated bank, or banking company in this state or elsewhere, 
with intention to fill up and complete such blank and unfinished 
note or bill, or to permit or cause or procure the same to be filled 
up and completed, in order to utter or pass the same, or to permit 
or cause or procure the same to be uttered or passed, to defraud 
any person or persons, body politic or corporate, whether in this 
Punish- s tate or elsewhere, shall, upon conviction thereof, be punished by 
confinement in the penitentiary, for a term not less than one year, 
nor more than fourteen years. 
Having in Sf.c 77. Every person who shall make, pass, utter, or publish, 
^ktitimlT w ' m an inten^ 011 to defraud any other person or persons, body 
notes with politic or corporate, either in this state or elsewhere, or with like 
intention shall attempt to pass, utter, or publish, or shall have in 
his or her possession with like intent to pass, utter, or publish any 
fictitious bill, note, or check, purporting to be the bill, note, or 
check, or other instrument of writing for the payment of money or 
property of some bank, corporation, co-partnership, or individual, 
when in fact there shall be no such bank, corporation, co-partner^- 
ship, or individual in existence, the said person knowing the said 
bill/ note, check, or instrument of writing, for the payment of 
money or property to be fictitious, shall be deemed guilty of the 
crime of forgery, and on conviction thereof shall be punished by 
confinement in the penitentiary for a term not less th.in one, nor 
more than fourteen years. 
Havingin Sec. 78. Every person who shall make, or knowingly have in 
possession ^ p OSSess ion, any die, or dies, plate or plates, or any apparatus, 
ratus for paper, metal, machine, or other thing whatever, made use of in 
counterfeit- counterfeiting the coin now current or hereafter to be current 
in this state, or in counterfeiting bank notes, or bills, whether such 
bank be situate in this state or not, upon conviction thereof, shall 
be punished by conBnement in the penitentiary for a term not less 
than one year, nor more than fourteen years, and all such dies, 
plates, apparatus, paper, metal, machines, intended for the purposes 
In trials aforesaid, shall be destroyed, 



intent tq 
utter 



Punish 
jnent. 



Punish 
ment. 



Sec 79. On the trial of any person for forging any bill or note, 



for forge 

ry. it shall 

be unneccs- purporting to be the bill or note of some incorporated company, or 

sary to 
■prove the 



bank, or for passing or attempting to pass, or having in possession 
mcorpora- with intent to pass, any such forged bill or note, it shall not be 
dmHeV' 16 necessary to prove the incorporation of such bank or company by 
Persons of t» e charter or act of incorporation, but the same may be proved 
skill shaiibe by general reputation. 

To'7rove n th c ^ec. SO. Persons of skill shall be competent witnesses tp 
forgery, prove, that such bill or note is forged or counterfeited. 



CRIMINAL CODE. 213 

Sec. 81. Every person who shall fraudulently forge, deface, 
corrupt, or counterfeit the seal of this state, or the seal of any Counter^ 
court, or public officer, by law entitled to have and use a seal, and 'public seals 
shall make use of the same, or shall forge or counterfeit the signa- 
ture of any public officer, or shall unlawfully, and corruptly, or 
with evii intent, affix any of the said true seals to any commission, 
deed, warrant, pardon, certificate, or other writing, or who shall bating in 
have in his possession or custody, any such counterfeited seal, possession 
and shall wilfully conceal the same, knowing it to be falsely made ceding" 
and counterfeited, and shall thereof be convicted, shall be punished counterfeit- 
by confinement in the penitentiary for a term not less than one, nor p^JJ&l 
more than fourteen years. ment. 

Ninth Division. 

Crimes and Offences against Public Justice. 

Sec. 82. Every person having .taken a lawful oath, or made Perjury^ 
affirmation in any judicial proceeding, or in any other matter where 
by law, an oath or affirmation is required, who shall swear or affirm 
wilfully, corruptly, and falsely, in a matter material to the issue, or 
point in question, or shall suborn any other person to swear or 
affirm as aforesaid, shall be deemed guilty of perjury, or suborna- 
tion of perjury, (as the case may be,) and upon conviction thereof, . 
shall be punished by confinement in the penitentiary for a term not mev t. 
less than one year, nor more than fourteen years. When P™- 

c Q( > I, i i -ir i i ^ curing the 

hcc. oa. livery person who, by wiliul and corrupt perjury, or conviction 
subornation of perjury, shall procure the conviction and execution avd execu- 
of any innocent person, shall be deemed and adjudged guilty of Inno^enT 
murder, and upon conviction thereof, shall suffer the punishment person, it 

„ c j 4 1 shall be 

°* deat h> > '_ ^ m deemed 

Sec. 84. In every indictment for perjury or subornation of murder. 
perjury, it shall be sufficient to set forth the substance of the mevts^orit 
offence charged upon the defendant, and before what court or au- shall be 
thority the oath or affirmation was taken, averring such court or ^ffyftlitke 
authority to have had full power to administer the same, together substance 
with the proper averment or averments to falsify the matter or mat- %J. e e *~ 
ters wherein the perjury is assigned, without setting forth any part' 
of the record or proceedings, either in law or equity, other than 
as aforesaid, and without setting forth the commission or authority 
of the court or other authority before whom the perjury was com- 
mitted, or the form of the oath or affirmation, or the manner of 
administering the same. 

Sec. 85. If any person or persons shall directly or indirectly Bribery. 
give any sum or sums of money, or any other bribe, present, or 
reward, or any promise, contract, obligation, or security, for the 
payment or delivery of any money, present,* reward, or any other 
thing, to obtain or procure the opinion, judgment, or decree of any 
judge or justice of the peace, acting within this state, or to cor- 
rupt, induce, or influence such judge or justice of the peace to be of officers, 
more favorable to one side than to the other, in any suit, matter 
or cause depending or to be brought before him or them, or shall 
(directly oj indirectly give any sum or sums of money, present, or 



214 CRIMINAL CODE. 

reward, or any promise, contract, obligation, or security for the 
payment or delivery of any money, present, or reward, or other 
thing to obtain, procure, or influence the vote of any member of 
the general assembly, or to incline, induce, or influence, any such 
member of the general assembly to be more favorable to one side 
than the other, on any question, election, matter or thing pending, 
or to be brought before the general assembly, or either house 
thereof, the person so giving any money, bribe, present, or reward, 
promise, contract, obligation, or security, with intent and for the 
purpose aforesaid, and the judge, justice of the peace, or member 
of the general assembly, who shall in any wise accept or receive 
the same, shall be deemed guilty of bribery, and on conviction 
men£ Sh ~ sna ^ ^e Punished by confinement in the penitentiary not less than 
one year, nor more than five years. 

Sec. 86. If any person shall directly or indirectly give any 
sum or sums of money, or any other bribe, present, or reward, or 
any promise, contract, obligation, or security for the payment of 
. any money, present, or reward, or any other thing, to any judge, 
en topnh' justice of the peace, sheriff, coroner, clerk, constable, jailer, at- 
cure an ap- torney general, or state's attorney, member of the general assembly, 
io l ojjice™or or other officer, ministerial or judicial, (but such fees as are allow- 
to induce ed by law,) with intent to induce or influence such officer to ap- 
Wptriper. P i nt an y person to office, or to execute any of the powers in him 
vested, or perform any duty of him required, with partiality or 
favor, or otherwise than is required by law, or in consideration 
that such officer hath appointed any person to any office, or exer- 
cised any power in him vested, or performed any duty of him re- 
quired, with partiality or favor, or otherwise contrary to law, the 
person so giving, and the officer so receiving any money, bribe, 
present, reward, promise, contract, obligation, or security, with 
intent, or for the purpose or consideration aforesaid, shall be 
Punish- deemed guilty of bribery, and on conviction, shall be punished by 
ment. confinement in the penitentiary for a term not less than one year, 

nor more than five years. 
Attempts to Sec 87. Every person who shall offer, or attempt to bribe any r 
member of the general assembly, judge, justice of the peace, 
sheriff, coroner, clerk, constable, jailer, attorney general, state's 
attorney, or other ministerial or judicial officer, in any of the cases 
mentioned in either of the two preceding sections, and every mem- 
ber of the general assembly, judge, justice of the peace, sheriff, 
coroner, clerk, constable, jailer, attorney general, state's attorney, 
or other ministerial or judicial officer, who shall propose or agree 
to receive a bribe in any of the cases mentioned in either of the 
two preceding sections, shall, on conviction, be fined in a sum 
not exceeding five hundred dollars. 
Officers Sec 88. If any judge, justice of the peace, sheriff, coroner, 

embezzling c lerk, recorder, or other public officer, or any person whatsoever, 
shall steal, embezzle, alter, corrupt, withdraw, falsify, or avoid any 
record process, charter, gift, grant, conveyance, bond, or contract, 
or shall knowingly and wilfully take off, discharge, or conceal any 
issue, forfeited recognizance, or other forfeiture, or shall forge, 
deface, or falsify any document or instrument recorded, or any re- 
gistry, acknowledgment, certificate, or shall alter, deface, or falsify 



CRIMINAL CODE. 215 

any minute, document, book, or any proceeding whatever, of, or 
belonging to any public office within this state, the person so of- 
fending and being thereof duly convicted, shall be punished by 
confinement in the penitentiary for a term not less than one year, 
nor more than seven years. 

Sec. 89. Every jailer who shall be guilty of wilful inhumanity j a iierwhen 
or oppression, to any prisoner under his care or custody, shall be g vilt v °f 
fined in any sum not exceeding five hundred dollars, and be T e- oppre 
moved from office. 

Sec. 90. If any officer, whose office shall be abolished bylaw, Officer 
or who after thr? expiration of the time for which he may be ap- ^f° s s e ^ r c m 
pointed, or elected, or after he shall have resigned, or been legally has expir- 
removed from his office, shall wilfully and unlawfully withhold or ? ' ™ Q f^~ 
detain from his successor, or other person entitled thereto by law, liver over 
the records, papers, documents, or other writing appertaining or^^,^" 
belonging to his office, or mutilate, destroy, or take away the records of 
same, the person so offending shall, on conviction, be punished by MuUiatinz; 
confinement in the penitentiary for a term not exceeding one year, them. 
nor more than five years. The provisions of this section shall ^^ s,l ~ 
apply to any person or persons who shall have such records, docu- 
ments, papers, or other writings, in his or her or their possession, 
and who shall wilfully mutilate, destroy, withhold, or detain the 
same as aforesaid. 

Sec 91. If any person shall, without due authority so to do, Acknoicl- 
acknowledge or confess, or procure to be acknowledged or con- fff^Cw 

b > V b confessing 

iessed, any tine, common recovery, deed, bond, power ot attor- any fine, 
ney, mortgage, recognizance, bail, or judgment, in the name °^^^gf 
any other person, by personating any such other person, the per- <^ c . without 
son so offending, on conviction thereof, shall be punished bv con- l .f "fjf au ~ 

r i ° . . r li thority. 

finement in the penitentiary lor any term not less than one year, Punish- 
nor more than ten years. menL 

Sec 92. If any person shall, knowingly and wilfully obstruct, Resisting^ 
resist, or oppose, any sheriff, deputy sheriff, coroner, constable, ^£ erm 
or other officer of this state, or other person duly authorized, in charge of 
serving, or attempting to serve any lawful process or order of any hlsdut y- 
court, judge, or justice of the peace, or any other legal process 
whatsoever, or shall assault or beat, any sheriff, deputy sheriff, 
coroner, constable, or other officer, or person duly authorized in 
serving or executing, or attempting to serve or execute any pro- 
cess or order aforesaid, or for having served or executed, or at- 
tempted to serve or execute the same, every person so offending Punish- 
shall be fined in any sum not exceeding five hundred dollars, and oScer as- 
imprisoned for a term not exceeding one year : Provided, Any sauiting 
officer or person whatever that may or shall assault or beat any in- 3J er c s °/or 
dividual under color of his commission or authority, without law- of h 
ful necessity so to do, shall, on conviction, suffer the same pun 
ishment. 

Sec 93. If any person or persons shall set at liberty, or res- Rescue of- 
cue any person who shall have been found guilty or convicted of j? 
a crime, the punishment of which is death, such person on con- 
viction thereof, shall be punished by confinement in the peniten- 
tiary for a term not less than one year, nor more than fourteen 
years, and if any person or persons shall set at liberty or rescue 



I 



is com- 
aussion. 



r convic- 
tion. 



216 CRIMINAL CODE. 

any person who shall have been found guilty, or convicted of a 
ment Sk ~ crime, the punishment of which is confinement in the penitentiary, 
whether such person be in custody of an officer, or in the peni- 
tentiary, the person so offending on conviction theieof, shall be 
sentenced to the same punishment that would have been inflicted 
on the person so set at liberty or rescued. 
Before cor* Sec 94. If any person shall set at liberty or rescue any per- 
victwn. son w b De fore conviction stands charged or committed for any 
capital offence, or any crime punishable by confinement in the 
penitentiary, such person so offending, shall be, on conviction, 
fined in a sum not exceeding one thousand dollars, and imprisoned 
in the penitentiary for a term not exceeding three years ; and if 
the person rescued or set at liberty stands charged, committed, or 
Punish- convicted of any misdemeanor, or other offence punishable by fine 
merit. G r imprisonment, or both, the person convicted of such rescue or 
setting at liberty, shall suffer the same punishment that would have 
been inflicted on the person rescued or set at liberty, if he or she 
had been found guilty. 
Warden or Sec 95. If the warden of the penitentiary, or any servant, 
the C plnSen- °ffi cer or agent, belonging to, or in employment at the same, or 
tiary suffer- any sheriff, deputy sheriff, or jailer, or any person employed by 
aSe^fany ^ iem as a g uar "d} sna ^ fraudulently contrive, procure, aid, connive 
convict. at, or otherwise voluntarily suffer the escape of any convict in 
custody, or in said penitentiary committed, every such person on 
Punish- conviction shall be punished by confinement in said penitentiary, 
to solitary confinement, in the penitentiary, for a term not exceed- 
ing three months, and by confinement to hard labor, for a term not 
exceeding ten years. 
Suffering g EC> QQ t if .}- je warden of the penitentiary, or other person as 
V s7ntencedto aforesaid, shall negligently suffer any convict committed or in cus- 
soiitary tody as aforesaid, under sentence of solitary imprisonment, to be 
menUobe at large without the cell or apartment assigned to such convict, or 
at large, to be there visited, conversed with, comforted, or relieved, con- 
trary to the rules and regulations of the penitentiary, or shall neg* 
ligently suffer such convict, or any other convict committed to the 
Punish- penitentiary, under sentence of confinement to hard labor, to be at 
ment. large without the precincts of the penitentiary, or contrary to the 
rules and regulations thereof, to be out of close confinement, the 
warden or other person neglecting his duty in the premises, being 
thereof duly convicted, shall be punished by fine not exceeding 
two hundred dollars. 
Persons as- Sec 97. If any person shall convey to any convict in custody, 
convict in V or committed to the penitentiary, into the penitentiary, or other 
thepeni- place where such convict may be confined, any tool, weapon, or 
tentiaryto omei . a i r j w j t [j intent to enable such convict to escape such cus- 

effect his »■ r 

escape. tody or confinement, whether such escape be effected or not, every 
Punish- person so offending, on conviction thereof, shall be punished by 
ment. fine not exceeding five hundred dollars, and imprisonment in the 

penitentiary not exceeding six months. 
Rescue Sec 98. If any person or persons shall rescue another in legal 

process?*' custody, on civil process, such person or persons shall, on con- 
viction, be fined in any sum not exceeding the sum for which said 
civil process issued. 



CRIMINAL CODE. 217 

Sec 99. If any person shall aid or assist a prisoner lawfully Assisting 

y r • i . , . prisoner 

committed or detained in any jail for any offence against this state, confined in 
or who shall be lawfully confined by virtue of any civil process, J aU t0 es - 
to make his or her escape from jail, though no escape be actually Though no 
made, or if any person shall convey, or cause to be delivered to escape be 
such prisoner any disguise, instrument, or arms, proper to facilitate 
the escape of such prisoner, any person so offending, (altho' no 
escape or attempt to escape be actually made,) shall, on conviction, p un i 8 h. 
be punished by fine, not exceeding five hundred dollars, and impris- merit. 
onment in the county jail, for a term not exceeding one year. 

Sec 100. If any person shall aid or assist any prisoner to at- Aiding in 
tempt to escape, or shall rescue or attempt to rescue any prisoner ^f^f 
from the custody of any sheriff, deputy sheriff, coroner, consta- 
ble, officer, or other person, who shall have the lawful custody of 
such prisoner, every person so offending shall, upon conviction 
thereof, be fined not exceeding one thousand dollars, and impris- 
oned in the county jail not exceeding one year. 

Sec 101. If any sheriff, coroner, jailer, keeper of a prison, Officer suf- 
constable, or other officer, or person whatever having any prisoner prisoner to 
in his legal custody, before conviction, shall voluntarily suffer or escape be- 
permit such prisoner to escape or go at large, every such officer -£?™ conmc - 
or person so offending shall, on conviction, be fined in any sum p U7l ^_ 
not exceeding one thousand dollars, and imprisoned in the county ment, 
jail for any term not. exceeding six months : Provided, That if Proviso. 
such prisoner be in custody charged with murder or other capital 
offence, then such officer or person suffering or permitting such 
escape, shall be punished by confinement in the penitentiary for 
any term not less than one year, nor more than ten years. A neg- ^a-agent 
ligent escape of a person, charged with a criminal offence, before escape be- 
conviction, from the custody of any of the aforesaid officers, shall {^ conmc " 
be deemed a misdemeanor, and punished by fine, not exceeding 
five hundred dollars. 

Sec 102. If any sheriff, coroner, keeper of a jail, constable, Officer re- 
ox other officer, shall wilfully refuse to receive or arrest any person '^.™f*° 
charged with a criminal offence, then such sheriff, coroner, jailer, person 
constable or other officer shall, on conviction, be fined not exceed- ^uifatrim- 
ing five hundred dollars, and imprisoned not exceeding six months inal offence. 
in the common jail. 

Sec 103. If any person shall take money, goods, chattels, Compound- 
lands, or other reward, or promise thereof, to compound any vn ? ? ny , , 
critmnal orrence, such person or persons shall be nned m double fence. 
the sum or value of the thing agreed for, or taken, but no person 
shall be debarred from taking his goods or property from the thief 
or felon, or receiving compensation for the private injury occa- 
sioned by the commission of any such criminal offence. 

Sec 104. If any two or more persons shall conspire or agree, ~ 
r i i i i- • i i -i- r b Conspiracy 

ialsely and maliciously to charge, or indict, or cause or procure to 

be charged or indicted, any person for any criminal offence, each 

of the persons so offending shall, on conviction, be fined in any p un ^_ 

sum not exceeding one thousand dollars, and imprisoned not ex- ment. 

ceeding one year. 

Sec 105. If any person shall take upon himself to exercise or Persons in- 

officiate in any office, or place of authority in this state, without trudin z "*- 

28 



218 



CRIMINAL CODE. 



to office, being lawfully authorized thereto, he shall, upon conviction, be 
fined in any sum not exceeding two hundred dollars. 

Embracery, Sec. 106. Embracery is an attempt to influence a juror or 
jurors corruptly to one side, by threats or menaces, or by prom- 
ises, persuasions, entreaties, money, entertainments, and the like. 
Every embracer who shall procure any juror to take money, gain, or 
profit, or shall corruptly influence any juror by persuasions, prom- 
ises, entreaties, or by any other improper means, or shall threaten 
or menace any juror, shall be fined not exceeding five hundred dol- 
lars, and imprisoned in the penitentiary not exceeding one year. 
And any juror convicted of taking money, gain, or profit, or cor- 
ruptly being influenced as aforesaid, shall suffer the like punish- 
ment, and be forever disqualified to act as a juror. This section 
shall apply as well to the grand, as the petit jurors. 

Sec 107. If any person or persons shall wickedly and wilfully 
excite and stir up any suits or quarrels between the people of this 
state, either at law or otherwise, with a view to promote strife and 
contention, every such person so offending shall be deemed to 
have committed the crime of Common Barratry, and upon con- 
viction thereof shall be fined in any sum not exceeding one hun- 
dred dollars ; and if he be an attorney or counsellor at law, he 
shall be suspended from the practice for any time not exceeding 
six months. 

Sec. 108. If any person shall officiously intermeddle in any 
suit at common law or in chancery, that in no wise belongs to, or 
concerns surh person, by maintaining or assisting either party with 
money, or otherwise to prosecute or defend such suit, with a view 
to promote litigation, every such person so offending shall be 
deemed to have committed the crime of maintenance, and, upon 
convietion thereof, shall be fined and punished as in cases of Com- 
mon Barratry : Provided, That it shall not be considered main- 
tenance for a man to maintain the suit of his kinsman or servant, 
or poor neighbor out of charity. 

Sec 109. If any judge, justice of the peace, sheriff, coroner, 
constable, clerk, or other officer of this state, ministerial or judi- 
cial, shall wilfully or corruptly receive or take any fee or reward to 
execute or do his duty as such officer, except such as is, or shall 
be allowed by law, or if any such officer shall wilfully or corrupt- 
ly ask or demand as a condition precedent to the performance of 
his duty as such officer, any fee or reward, except such as shall be 
allowed by law, e^ery such officer so offending shall be deemed 
guilty of extortion, and on conviction thereof, shall be fined in 
any sum nut exceeding two hundred dollars. 

Sec 110. Every clerk, sheriff, coroner, constable, county 
commissioner, justice of the peace, recorder, county surveyor, 
attorney general, or state's attorney, who shall be guilty of any 
palpable omission of duty, or who shall wilfully and corruptly be 
guilty of oppression, malfeasance, or partiality in the discharge 
of his official duties, shall, upon conviction thereof, be fined in a 



definition 
of 



Punish 
ment. 



Common 
barratry. 



Punish 
ment. 



Officiously 
intermed- 
dling- in 
suits. 



Extortic 



Punish- 
ment. 

Officer, 
guilty of 
malfea- 
sance. 



Punish 
ment. 



sum not exceeding two hundred dollars, and the court shall have 
power, upon the recommendation of the jury, to add to the judg- 
ment of the court, that any officer so convicted shall be removed 
from office. The court shall have power whenever any clerk of 



CRIMINAL CODE. 219 

the circuit court, attorney general, or state's attorney, shall be ^iluon™/' 
presented or indicted, to appoint for that occasion, a prosecuting a clerk, at- 
attorney, or clerk, as the case may require, who shall thereby be ^'^f 671 ' 
invested, in relation to such preseniment or indictment, with all the state's at- 
powers of clerk, or attorney general, or state's attorney. It shall torney,the 

r ' J O ' J COXITt TTMtfl 

be the duty of the court, when the judgment shall extend to re- appoint for 
moval from office, to cause immediate notice of such removal to that occa - 

, . , , «iii i swn a V er ~ 

be given to the proper department, in order that the vacancy thus son to Jill 
occasioned may be filled. the office. 

Sec. 111. If any person shall, knowingly, send or deliver any Persons 
letter or writing, threatening to accuse another of a crime or mis- threatening 
demeanor, or to expose or publish any of his infirmities or failinas, lcttevs wiUl 

. ■ • r r ii.i i iPi intent to ex- 

wjth intent to extort money, goods, chatties, or other valuable tort mon ey % 
things, or threatening to maim, wound, kill, or murder, or to burn <K 
or destroy his or her house or other property, or to accuse another 
of a crime or misdemeanor, or expose or publish any of his or her 
infirmities or failings, though no money, goods, chatties, or valuable 
thing be demanded, such persons so offending, shall, on conviction, Punish- 
be fined in a sum not exceeding five hundred dollars, and imprison- menL 
ed not exceeding six months. 

Tenth Division. 

Offences against the public Peace and Tranquility. 

Sec 112. If any person, at late and unusual hours of the night Disturbing- 
time, maliciously or wilfully disturb the peace or quiet of any j£Le 
neighborhood or family, by loud or unusual noises, or by tumul- 
tuous and offensive carriage, threatening, traducing, quarreling, 
challenging to fight, or fighting ; every person convicted thereof Pvnish- 
shall be fined in a sum not exceeding fifty dollars, or imprisoned men ' 
not exceeding two months. 

Sec 113. If two or more persons assemble for the purpose of Personsas- 
disturbing the public peace, or committing any unlawful act, and do Svrbfhe" 
not disperse on being desired or commanded so to do, by a judge, /^ce, and 
justice of the peace, sheriff, coroner, constable or other public ™g ^Te- 
officer — persons so offending, shall, on conviction, be severally ing com- 
fined in any sum not exceeding fifty dollars, and imprisoned not p^sh- 
exceeding one month. ment. 

Sec 114. If two or more persons shall, by agreement, fight in Af ra V- 
a public place, to the terror of the citizens of this state, the person 
so offending shall be deemed guilty of an affray. 

Sec 115. If two or more persons shall assemble together to unlawful 
do an unlawful act, and separate without doing or advancing assem- 
towards it, such persons shall be deemed guilty of an unlawful a§c ' 
assemblage, and upon conviction thereof, be severally fined in a 
sum not exceeding fifty dollars, or imprisoned not exceeding three 
months. 

Sec 116. If two or more persons shall meet to do an unlawful Rout. 
act, upon a common cause of quarrel, and make advances towards 
it, they shall be deemed guilty of a rout, and on conviction, shall 
be severally fined in a sum not exceeding seventy dollars, or im- 
prisoned not exceeding four months. 



220 



CRIMINAL CODE. 



Riot r 



Officers 
knowing of 
the inten- 
tion on the 
part of any 
two individ- 
uals to fight 
and not 
using their 
authority to 
prevent the 
same. 



Lfibel. 



Definition 
pf a libel. 



Punishr 
ment. 



Truth, 
-when may 
be given in 
pvidence. 



Sec 117. If two or more persons actually do an unlawful act 
with force or violence against the person or property of another, 
with or without a common cause of quarrel, or even to do a lawful 
act, in a violent and tumultuous manner, the persons so offending 
shall be deemed guilty of a riot, and on conviction shall severally 
be fined not exceeding two hundred dollars, or imprisoned not ex- 
ceeding six months. 

Sec 118. If any judge, justice of the peace, sheriff, or other 
officer, bound to preserve the public peace, shall have knowledge 
of an intention on the part of any two persons to fight with any 
deadly weapon or weapons, and such officer shall not use and exert 
his official anthority to arrest the parties and prevent the duel, 
every such officer shall be fined not exceeding one hundred 
dollars. 

Sec 119. If any person or persons shall, in any newspaper or 
hand bill, written or printed, publish or proclaim any other person 
or persons as a coward or cowards, or use any other opprobrious 
or abusive language, for not accepting a challenge to fight a duel, 
or for not fighting a duel, such person or persons so offending, on 
conviction, shall be fined in a sum not exceeding five hundred 
dollars, or imprisoned for a term not exceeding three months. 
The publisher or printer of any such newspaper, hand bill, or other 
publication, may be summoned as a witness, and shall be required 
to testify against the writer or writers of such hand bill or publica- 
tion ; and if any such printer or printers shall refuse to testify in 
relation to the premises, either before the grand or petit jury, he 
or they shall be deemed guilty of a flagrant contempt of the court, 
and may be punished by fine and imprisonment, or either : Pro- 
vided, hoivever, That the testimony given by any such witness shall, 
in no case, be used in any prosecution against such witness. 

Sec. 120. A libel is a malicious defamation, expressed either 
by printing or by signs or pictures, or the like, tending to blacken 
the memory of one who is dead, or to impeach the honesty, 
integrity, virtue, or reputation, or publish the natural defects of one 
who is alive, and thereby to expose him or her to public hatred, 
contempt, or ridicule : Every person, whether writer or publisher, 
convicted of this offence, shall be fined in a sum not exceeding 
five hundred dollars, or imprisoned not exceeding one year. In 
all prosecutions for a libel, the truth thereof may be given in 
evidence in justification, except libels tending to blacken the 
memory of the dead, or expose the natural defects of the living. 



Eleventh Division. 



Offences against the public Morality, Health, and Police, 



Bigamy, 
definition 
of 



Punish- 

fncnt. 



Sec 121. Bigamy consists in the having of two wives or two 
husbands at one and the same time, knowing that the former 
husband or wife is still alive. If any person or persons within this 
state, being married, or who shall hereafter marry, do at any lime 
marrv any person or persons, the former husband or wife being 
alive ; the person so offending shall, on conviction thereof, be 
punished by a fine not exceeding one thousand dollars, and im- 



CRIMINAL CODE. 221 

prisoned in the penitentiary not exceeding two years. It shall not 

be necessary to prove either of the said marriages by the register 

or certificate thereof, or other record evidence ; but the same may 

be proved by such evidence as is admissible to prove a marriage 

in other cases, and when such second marriage shall have taken 

place without this state, cohabitation in this state after such second 

marriage shall be deemed the commission of the crime of bigamy, 

and the trial in such case may take place in the county where such This section 

cohabitation shall have occurred. Nothing herein contained shall tend to per- 

extend to any person or persons whose husband or wife shall have f ns whose 

, • 11 i r i r .i husband or 

been continually absent from such person or persons lor the space w ff e s ^ a n 
of five years together, prior to the said second marriage, and he have been 
or she not knowing such husband or wife to be living within that the^acT'of 



time. Also nothing herein contained shall extend to any person P>e years; 
that is or shall be at the time of such second marriage divorced by so ° n r s di^rc- 
lawful authority from the bands of such former marriage, or to any edfrom the 
person where the former marriage hath been by lawful authority "£o-™ ar " 
declared void. 

Sec. 122. If any man or woman being unmarried, shall know- Singieper- 
ingly marry the husband or wife of another, such man or woman ryvng the 
shall, on conviction, be fined not more than five hundred dollars, husband or 

i . wife of an- 

or imprisoned not more than one year. other. 

Sec. 123. Any man and woman who shall live together in an 
open state of adultery or fornication, or adultery and fornication, a nd forni-. 
every such man and woman shall be indicted, and on conviction, cation. 
shall be fined in any sum not exceeding two hundred dollars each, 
or imprisoned not exceeding six months. This offence shall be 
sufficiently proved by circumstances which raise the presumption 
of cohabitation and unlawful intimacy ; and for a second offence, How 
such man or woman shall be severally punished twice as much as v roved -- \ 
the former punishment, and for the third offence, treble, and thus 
increasing the punishment for each succeeding offence : Provided, Promso - 
however, That it shall be in the power of the party or parties 
offending, to prevent or suspend the prosecution by their inter- 
marriage, if such marriage can be legally solemnized, and upon the 
payment of the costs of such prosecution, 

Sec 124. If any person shall hereafter bring or cause to be Persons 
brought or imported into this state for sale, or shall sell, or offer J"^ 
to sell, any pack or packs of playing cards, or any dice, billiard for the pur- 
table, billiard balls, or any other device or thing invented or made ^mins- 
for the purpose of being used at any game, or any obscene book, 
pamphlet, or print, every such person shall, on conviction, be Pun ™ h - 
fined in a sum not less than twenty-five dollars, nor more than fifty 
dollars. 

Sec 125. If any person shall be guilty of open lewdness, or Persons 
other notorious act of public indecency, tending to debauch the guilty of 
public morals, or shall keep open any tippling house on the Sab- pubiicindle- 
bath day or night, or shall maintain or keep a lewd house, or place cency. 
for the practice of fornication, or shall keep a common ill-govern- 
ed and disorderly house to the encouragement of idleness, gaming, 
drinking, fornication, or other misbehaviour, every such parson Punish _ 
shall, on conviction, be fined not exceeding one hundred dollars, ment, 
or imprisoned not exceeding six months, 



gaming in 
their tav- 



erns. 



222 CRIMINAL CODE. 

keTint ^ec. 126. If any person shall, by himself, herself, servant, or 

gaming other agent, for his or her gain, or profit, keep, have, exercise, or 

houses. maintain a common gaming house, table, or room, or in any house 

or place occupied by him or her, procure or permit any persons 

to frequent, or come together to play for money, or other valuable 

thing, at any game, every offender, on conviction, shall be fined 

Punish- not exceeding one hundred dollars, or imprisoned not exceeding 

mem. gJX m0 nths. 

Playing at Sec. 127. If any person or persons shall play for money, or 
cards, tyc. ^ er va l Lia ble thing, at any game with cards, dice, checks, or at 
billiards, or with any other article or instrument, thing or things 
whatsoever, which may be used for the purpose of playing or bet- 
ting, upon, or winning or losing money, or any other thing or things, 
article or articles of value, or shall bet on any game others may be 
Punish- playing, every person so offending shall he fined not exceeding one 
menL hundred dollars, and not less than ten dollars. 

Sec 128. Every tavern keeper who shall suffer or permit any 
keepers game or games, prohibited or intended to be prohibited by this act, to 
permuting be played in his tavern, or in any out house appendant thereto, shall, 
on conviction, be fined not exceeding one hundred dollars, and shall 
forfeit his license, and shall not be again licensed as a tavern keeper 
r&enf. ' f° r one vear fr° rn Slicn conviction. It shall be the duty of all justices 
Duty of of- of the peace, sheriffs, coroners, and grand jurors, now in office, or 
give %for- nerea fter to be appointed, to take notice, and give information to the 
motion of proper authorities, of all such offences as may be committed in their 
againstThi res P e c*ive counties, contrary to the provisions of this act, whenever 
act. the same may in any wise come under their immediate observation. 

If officer And if any officer, whose duty it is rcade to execute the provisions 
kcTor^re- °^ ln ' s act ' sna ^ neglect to enforce its provisions upon view, or 
fuse so to complaint, such officer, upon conviction thereof, shall be fined in 
do ' the sum of one hundred dollars, and shall moreover be suspended 

from office for one year. 
Persons not Sec. 129. Every person who shall not have a legal license to 
^aifi a k ee P a tavern, who shall barter, exchange, or sell any wine, rum, 
cense to brandy, gin, whiskey, or other vinous, spiritous, or mixed liquors, 
keep tavern t0 an y p erson or persons, by a less quantity than one quart, shall, 

on conviction, be fined for every offence ten dollars. 
Tavern Sec 130. Every tavern keeper, or other retailer of spiritous 

keepers set- liquors, who shall barter, sell, or exchange, any wine, rum, gin, 
toflapes^or brandy, whiskey, or other spirituous liquors, to any black or mulat- 
servants. to servant or slave, without the consent of the master or mistress 
of such servant or slave, and every person, whether a tavern keep- 
er or not, who shall sell, barter, or exchange any wine, rum, gin, 
brandy, whiskey, or other spiritous or mixed liquors, to any Indian 
Punish- or Indians in his state, shall, on conviction, be fined in the sum of 
meni. ten dollars for each offence. 

Persons ob- Sec. 131. If any person shall obstruct or injure, or cause or 
pubticrfads procure to be obstructed or injured, any public road or highway, 
or common street, or alley, of any town or village, or any public 
bridge or causeway, 01 public river or stream, declared navigable 
by law, or shall continue such obstruction, so as to render the 
same inconvenient or dangerous to pass, or shall erect or establish 
any offensive trade, or manufacture, or business, or continue the 



CRIMINAL CODE. 223 

same after it has been erected or established, or shall in any wise 
polute or obstruct any water course, lake, pond, marsh, or com- 
mon sewer, or continue such obstruction or pollution, so as to ren- 
der the same offensive or unwholesome to the county, town, vil- 
lage, or neighborhood thereabouts ; every person so offending shall, . 
upon conviction thereof, be fined not exceeding one hundred dnl- men $. 
lars. And every such nuisance may, by order of the circuit court, Nuisances 
before whom the conviction may take place, be removed, and i0 be abated 
abated by the sheriff of the proper county ; and any inquest and 
judgment thereon, had under the provisions of any law authorizing 
a writ of ad quod damnum, shall be no bar to a prosecution under 
this act. 

Sec. 132. If any person or persons shall, knowingly, sell any Persons 
flesh of any diseased animal, or other unwholesome provisions, or ^// ^fome~ 
any pernicious or adulterated drink, or liquors, every peron so of- provisions, 
fending, shall be fined not exceeding one hundred dollars, or im- ^ c - 
prisoned not exceeding three months. 

Sec. 133. If any person, number of persons, or corporation No person 
in this state, without special leave from the general assembly, shall or corpora- 

• I'll/' 1' 1* I 1 I I07l> SflQ.lL 

emit or utter any bill ot credit, make, sign, draw, or endorse, any emit bills of 
bond, promissory note, or writing, bill of exchange, or order to credit witi }- 
be used as a general circulating medium, as, and in lieu of money, authorit^ 
or other currency, every such person or persons, or members of ofthelegis-, 
such corporation, assenting to such proceedings, being thereof du- 
ly convicted, shall pay a fine not exceeding three hundred dollars, 
or be imprisoned not exceeding one year. 

Sec 134. If any person shall intentionally deface, obliterate, Defacing 
tear down, or destroy, in whole or in part, any copy or transcript, no lces ' 
or extract from or of, any law of the United States, or of this 
state, or any proclamation, advertisement, or notification, set up at 
any place in this state, by authority of any law of the United States, 
or of this state, or by order of any court, such person, on convic- 
tion, shall be fined in a sum not exceeding fifty dollars, nor less Punish- 
than five dollars, or imprisoned for a term not exceeding one men ' 
month : Provided, That this section shall not extend to defacing, Proviso. 
tearing down, obliterating, or destroying any law, proclamation, 
publication, advertisement, or notification, after the time for which 
the same was by law to remain set up shall have expired. 

Sec 135. Any person able to work and support himself in Vagrants. 
some honest and respectable calling, not having wherewithal to 
maintain himself, who shall be found loitering, strolling about, fre- 
quenting of public places where liquor is sold, beggmg, or leading an 
idle, immoral, or profligate course of life, shall be liable to be indict- 
ed or arrested, on the complaint, under oath of any resident citizen 
of the county, and carried before any two justices of the peace, who 
shall examine said accused person, and hear the testimony in rela- 
tion thereto ; and if they shall be satisfied that he is a vagrant, as 
above set forth, the fact having been established by a jury, which 
shall in all such cases be summoned, and sworn to inquire the truth 
thereof, whether the person be a vagrant or not, shall make out a 
warrant, under their hands and seals, authorizing and requiring the 
officer having him in charge or custody, to hire out such vagrant \ired out. 
within twenty-four hours to the best bidder, by public outcry, or 



224 CRIMINAL CODE. 

on a notice given, as they shall direct, for the highest price that 
can be had, for an) 7 term not exceeding four months : and such va- 
grant shall be subject to, and governed by, all the provisions of the 
act regulating apprentices, during the time for which he has been 
so hired. The money received for his hire shall, after deducting 
the costs, be, if he be without a family, paid into the county treas- 
ury ; but if he have a family, the same shall be appropriated for 
their use and benefit : Provided, That any such vagrant, when ar- 
rested, and before judgment, may release himself by giving to said 
justices a bond, with good security, conditioned that he will for the 
next twelve months be of good behaviour, and betake himself to 
some honest employment for support, and that he shall not, or his 
family, become a county charge, through, or by reason of his idle- 
ness, immorality, or profligacy. 
Persons^ Sec 136. If any person shall be found, having upon him or her, 

posseSion an } 7 pick-lock, crow, key, bit, or other instrument, or tool, with 
any instru- intent feloniously to break and enter into any dwelling house, 
tools with slore > warehouse, shop, or other building, containing valuable 
intent to properly, or shall be found in any of the aforesaid buildings, with in- 
break mto tent [Q t j goods and chattels ; every such person so offend- 

any dwell- . J b . . ' J r ■ . 

in? house, ing shall, on conviction, be deemed a vagrant, and punished by 
Skill be confinement in the penitentiary, for any term not exceeding two 
grants. years. And if any person shall have upon him any pistol, gun, 
knife, dirk, bludgeon, or other offensive weapon, with intent to as* 



laving 
weapons 



with intent sault any person, every such person, on conviction, shall be fined 
to assault. \ n a sum nol exceeding one hundred dollars, or imprisoned not ex- 
ment. ceeding three months. 

Persons re- Sec. 137. Every male person above eighteen years of age 
join^posse WD0 M neglect or refuse to join the posse comiiatus, or power 
comitatus. of the county, by neglecting or refusing to aid and assist in taking 
or arresting any person or persons against whom there may have 
issued any civil or criminal process, or by neglecting or refusing 
to aid and assist in retaking any person or persons, who after having 
been arrested or confined, may have escaped from such arrest or 
imprisonment, or by neglecting or refusing to aid and assist in pre- 
venting any breach of the peace, or the commission of any crim- 
inal offence, being thereto lawfully required by any sheriff, deputy 
sheriff, coroner, constable, judge, or justice of the peace, or other 
officer concerned in the administration of justice shall, upon con- 
Punish- viction, be fined in a sum not less than ten dollars, nor more than 
menL fifty dollars. 

Disinter- Sec. 138. If any person or persons shall open the grave or 

\lead. C tomb where the body or bodies of any deceased person or persons 

shall have been deposited, and shall remove the body or bodies, or 

remains of any deceased person or persons from the grave or place 

of sepulture, for the purpose of dissection, or any surgical, or 

anatomical experiment, or for any other purpose, without the 

knowledge and consent of the near relations of the deceased, or 

shall in any way aid, assist, counsel, or procure the same to be 

Punish- done, every such person or persons so offending, shall, on con* 

ment. viction, be fined not less than one hundred dollars, nor more than 

This section &v& hundred dollars : Provided, That this section shall not extend 

not to ex- t0 t } ie dissection of any criminal where the same shall be directed 



CRIMINAL CODE. 225 

to be delivered up for that purpose, by competent authority ; and tond to the 
Provided, also, That this section shall not be construed to prevent f any 
any person from removing the body or bodies of their deceased re- orimirud. 
lations, or intimate friends, to any other place of sepulture that he 
or she may think proper. 

Sec 139. If any person, being an elector, shall vote more Voting 
than once at any election, which may be held by virtue of any law JJJJj^^jL 
of this state, he shall, on conviction thereof, he fined in any sum election* 
not exceeding one hundred dollars. 

Sec. 140. If any person shall, by bribery, menace, treating, or Bribery of 
other currupt means or device whatsoever, either directly or indi-^/S^! 
rectly, attempt to influence any elector of this state in giving his 
vote at any election, every person so offending, and being thereof 
convicted, shall be fined not exceeding five hundred dollars, and Punish- 
shall thereafter be disqualified from voting at any election in th\s menL 
state for five years. 

Twelfth Division. 

Offences committed by Cheats, Swindlers, and other Fraudulent 

persons. 



Sec. 141. All, and every person who shall be a party to any Fraudulent 

convey- 
ances , if* c - 



fraudulent conveyance of any lands, tenements, or hereditaments- c 



goods, or chattels, or any right or interest issuing out of the same / 
or to any bond, suit, judgment, or execution, contract, or convey- 
ance had, made, or contrived, with intent to deceive and defraud 
others, or to defeat, hinder, or delav creditors or others of their 
just debts, damages, or demands ; or who, being parties as afore- 
said, at any time shall wittingly and willingly put in, use, avow, 
maintain, justify, or defend the same, or any of them as true, and 
done, had, or made in good faith, or upon good consideration, or 
shall sell, alien, or assign any of the lands, tenements, heredita- 
ments, goods, chattels, or other things before mentioned, to him, 
her, or them, conveyed as aforesaid, or any part thereof, he, she, 
or they so offending, shall, on conviction, be fined not exceeding 
one thousand dollars. 

Sec. 142. If any person, by false representations of his own Swindlers 
respectability, wealth, or mercantile correspondence and connex- 
ions, shall obtain a credit thereby, defraud any person or persons 
of money, goods, chattels, or any valuable thing, or if any person 
shall cause or procure others to report falsely of his honesty, 
wealth, or mercantile character, and by thus imposing upon any 
person or persons, obtain credit, and thereby fraudulently get into 
possession of goods, wares, or merchandise, or any valuable thing, 
every such offender shall be deemed a swindler, and on conviction 
shall be sentenced to return the property so fraudulently obtained, if p ? . ft 
it can be done, and shall be fined not exceeding one thousand dol- ment. 
lars, and imprisoned not exceeding six months. 

Sec 143. If any person or persons shall, knowingly and de- Cheats. 
signedly, by any false pretence or pretences, obtain from any other 
person or persons any chose in action, money, goods, wares, chat- 
tels, effects, or other valuable thing whatever, with intent to cheat 
29 



226 



CRIMINAL CODE. 



Punish- 
ment. 



Fraudu- 
lently sell- 
ing lands a 
second time 
xohich have 
been once 
sold. 



Punish- 
ment. 



Common 
cheats. 



Punish- 
ment. 



or defraud any such person or persons of the same, every person 
so offending shall be deemed a cheat, and upon conviction shall be 
fined in any sum not exceeding one thousand dollars, and impris- 
oned not exceeding one year, and shall be sentenced to restore the 
property so fraudulently obtained, if it can be done. 

Sec. 144. Any person or persons after once selling, bartering, 
or disposing of any tract or tracts of land, town lot or lots, or exe- 
cuting any bond or agreement for the sale of any lands, or town lot 
or lots, who shall again knowingly and fraudulently sell, barter, or 
dispose of the same tract or tracts of land, or town lot or lots, or 
any parts thereof, or shall knowingly and fraudulently execute any 
bond, or agreement to sell, or barter, or dispose of the same land, 
or lot or lots, or any part thereof, to any other person or persons, 
for a valuable consideration, every such offender, upon conviction 
thereof, shall be punished by confinement in the penitentiary, for a 
term not less than one year, nor more than ten years. 

Sec 145. If any person shall knowingly sell by false weights 
or measures, or shall knowingly use false measures, at any mill, in 
taking toll for grinding corn, wheat, rye, or other grain, he or she 
shall be deemed a common cheat, and on conviction, shall be fined 
not less than two hundred dollars, and imprisoned not exceeding 
three months. 

Thirteenth Division. 



Fraudulent and Malicious Mischief. 



Destroying 
bridges, <f«c 



Wantonly 
injuring or 
destroying 
cattle. 



Punish- 
ment. 



Destroy- 
ing public 
jail. 



Punish- 
ment. 



Sec 146. If any person shall wilfully or maliciously cut down, 
break down, level, demolish, or otherwise destroy or damage any 
bridge, embankment, or mill-dam, or break or destroy the windows 
or doors of any dwelling-house or other house, or shall set fire to, 
or burn, or destroy, or procure or cause to be burnt or destroyed, 
any barrack, cock, crib, rick, or stack of bay, corn, wheat, oats, 
barley, or other grain of any kind, or srhall cut down, girdle, or 
destroy any fruit tree or shade tree, or shall cut, pull down, or 
destroy any gate, post, railing, or fence, or shall pull down, burn, 
or destroy any pile or piles of wood, boards, or planks, or other 
lumber, or shall overturn any cart, wagon, or other carriage, or 
shall run them into sloughs, holes, or other places, or shall cut 
loose, or set adrift any canoe, ferry-flat, skiff, boat, or other vessel, 
for mischief, or shall unlawfully, wantonly, wilfully, or maliciously 
kill, wound, disfigure, or destroy any horse, mare, filly, colt, or 
gelding, or any bull, ox, steer, bullock, cow, heifer, or calf, or any 
sheep or lamb, or any hog, pig, or dog, or any other useful animal, 
being the property of another, every person so offending, on con- 
viction, shall be fined not exceeding one hundred dollars, or im- 
prisoned not exceeding three months, or both. 

Sec 147. If any person shall wilfully and intentionally break 
down, pull down, or otherwise destroy, or injure, in whole or in 
part, any public jail, or other place of confinement, every person 
so offending, shall, upon conviction, be fined in any sum not ex- 
ceeding five thousand dollars, nor less than the value of such jail 
or other place of confinement so destroyed, or of such injury as 
may have been done thereto by such unlawful act, 



CRIMINAL CODE. 227 

Sec. 148. If any person or persons shall, at any time hereafter, Persons 
wilfully and intentionally, or negligently and carelessly, set on fire,^ re woods 
or cause to be set on fire, any woods, prairies, or other grounds or prairies. 
whatsoever in the inhabited parts of this state, every person so of- Punish- 
fending, shall, on conviction, be fined in any sum not less than five mevL 
dollars, nor more than one hundred dollars :' Provided , That this Proviso. 
section shall not extend to any person who shall set on fire or 
cause to be set on fire, any woods or prairies adjoining his or her 
own farm, plantation, or enclosure, for the necessary preservation 
thereof from accident by fire, between the first day of March, and 
the last day of November, by giving to his or her neighbors two 
days notice of such intention : Provided, also, That this section 
shall not be construed, to take away any civil remedy, which any 
person may he entitled to, for any injury which may be done or 
received in consequence of such firing. 

Fourteenth Division. 

Offences relative to Slaves, Indentured Servants, and Apprentices. 

Sec 149. If any person shall harbor or secrete any negro, Harboring 
mulatto, or person of color, the same being a slave or servant, ow- Zmui ^"^ 
ing service or labor to any other persons, whether they reside in 
this state, or any other state or territory, or district within the limits 
and under the jurisdiction of the United States, or shall in any wise 
hinder or prevent the lawful owner or owners of such slaves or 
servants from retaking them in a lawful manner, every such person „ . . 
so offending shall be deemed guilty of a misdemeanor, and fined ment. 
not exceeding five hundred dollars, or imprisoned not exceeding 
six months. 

Sec 150. If any person or persons, entitled to the service or Taking 
labor of any negro, mulatto, or colored person, by indenture ^ ^Tstate 
other contract or registry made, or entered into under the laws of 
the late territory of Indiana or of Illinois, having a right to hold 
such person of color in temporary servitude by virtue of those laws 
and the constitution of this state, shall hire out, or send any such 
negro, mulatto, or colored person, or any of his or her children, to 
live or reside in any other state, territory, or country, or shall 
cause, procure, or suffer it to be done, or shall sell, or otherwise 
dispose of any such person of color, or the children of such, for 
the purposes aforesaid, to any citizen or resident of another state, 
territory, or country, before the expiration of his or her term of 
service, every person so offending, and all purchasers of such col- 
ored persons, so sold or removed, shall forfeit and lose all right 
and title, or claim to the service of such person of color, and shall, 
on conviction, for each offence, be fined, not exceeding five him- p . , 
dred dollars, one half to be applied to the use of the person in- ment. 
jured, and the other half to the use of the county. 

Sec 151. If any keeper of a public house, or retailer of spirit- Ke ff e J °f 
uous liquors, shall receive, harbor, entertain, or trust any minor or houses har- 
apprentice, within the age of twenty-one years, or any servant or boring- or 
slave, knowing them to be such, after having been cautioned or minors or 
warned to the contrary, by the parent, guardian, master, or mis- slaves. 



CRIMINAL CODE. 



Punish- 
ment. 



tress of such minor, apprentice, servant, or slave, in the presence 
of one or more credible witnesses ; every such keeper of a public 
house, or retailer of spirituous liquors, as aforesaid, so offending, 
shall, upon conviction thereof, be fined in the sum of twelve dollars, 
and shall, moreover, forfeit his or her license, 



Fifteenth Division, 



Construction of this Act, and duty of Courts. 



Indict- 
ments, re- 
quisitions 
of 



Form. 



Sec. 152. Every indictment or accusation of the grand jury, 
shall be deemed sufficiently technical and correct, which states the 
offence in the terms and language of this code, or so plainly that 
the nature of the offence may be easily understood by the jury. 
The commencement of the indictment shall be in substance as fol- 
lows : 

of the term of the circuit court, in the 

year of our Lord, 183 

State of Illinois, ) 

> ss 
county, ) 

The grand jurors chosen, selected, and sworn, in and for the 
county of in the name, and by the authority of the people 

of the state of Illinois, upon their oaths present, &e. (here insert 
the offence, and time and place of committing the same, with rea- 
sonable certainty.) 

Sec 153. All exceptions which go merely to the form of an 
indictment shall be made before trial, and no motion in arrest of 



Exceptions 

which go 

merely to 

form, to be judgment, or writ of error, shall be sustained, for any matter not 



made be 
fore trial 



affecting the real merits of the offence charged in such indiciment. 
No indictment shall be quashed for want of the words "with force 
and arms," or of the occupation or place of residence of the ac- 
cused, nor by reason of the disqualification of any grand juror or 
grand jurors. 
Parties in- Sec 154. Nothing in this act contained shall be so construed 
ftrednot g S to prevent the party or parties injured from having and main- 
from main- taining a civil action for all damages, and losses ihat he, she, or 
taming a- y™ ma „ \ mve sustained in consequence of the commission of any 

vd action. . / . / ■ . . ■ i i i inn 

criminal orience herein punished ; and no court shall allow or en- 
Record of tertain the plea that the private injury is merged in ihe crime, or 
conviction j n an y manner affected thereby : Provided, however. The record of 

■ij/if if) QP J if . * 

used as evi- conviction shall not be used as evidence in any civil action, brought 
dencein. on an y f or cr e d writing, or to recover the damages and losses bus- 
tion. tained by the commission of any such criminal offence. 

Duties of 3 FC# 155 j t sna i] De anc | j s hereby declared to be the duty of 

the judges , . , c , '...*' , . ,- 

in relation the judges ol the supreme and circuit courts to make a special re- 
to this code. p 0rl biennially to the legislature of all such defects, omissions, or 

imperfections in this code as experience may suggest. 

The pun- Sec 156. The manner of inflicting the punishment of death 

deathsh alt ■ shall be by hanging the person convicted by the neck until death, 

be inflicted a t such time as the court shall direct, not less than fifteen, nor more 

y lan ff in ff (j aax] twenty-five days from the time sentence is pronounced, unless 

for good cause the court or governor may prolong the time. 
Court may Sec, li?7. The court may order, on the application of any re- 



CRIMINAL CODE. 229 

snectable surgeon or surgeons, that the bodv of the convict shall, order the 
> i ' i - i j v I i f 1 • bo<J v °f ilic 

after death, be delivered to such surgeon or surgeons lor dissec- criminal 

t[QY\. f or dissec- 

Sec. 158. This act shall extend to females committing any of This ad to 
the offences made punishable by this act, although they may not be e f /e " rf '° 
expressly named ; but no white female shall be senienced to Bfaxkl a £%attno/&0 
in the pillory. In all cases where the punishment shall be by con- sentenced to 
finerment in the penitentiary, the jury shall say in their verdict foVpufory! 1 
what term the offender shall be confined ; and the court in pro- '1 he term of 
nouncing sentence, shall designate the portion of time such offend- c ^„tin the 
er shall be confined to solitary imprisonment, and what portion to peniienHa- 
hard labor. Persons under the age of eighteen years shall not be \f P i crm i n ed 
punished by confinement to the penitentiary for any offence except by the jury 
robbery, burglary, or arson ; in all other cases where a penitentiary ™J d ^ 
punishment is, or shall be provided, such person under the age of 
eighteen years, shall be punished by imprisonment in the county 
jail, for any term not exceeding eighteen months, at the discretion offences 
of the court. herein de- 

Sec. 159. All offences herein defined shall be prosecuted and punished 
punished as by this act is prescribed, and not otherwise ; and all according 
other offences may be punished by fine and imprisonment in the visions of 
discretion of the court : Provided, The fine shall in no case exceed ihis act - 
one hundred dollars, and the imprisonment six months. 

Sec 160. Whenever the punishment for any crime or misde- 
meanor is discretionary as to the extent or amount thereof, the When the 
court shall determine and affix the same, whether the punishment ^dlscre^ 
consist of corporeal punishment, imprisonment, or fine. tionary,the 

Sec 161. All fines imposed by virtue of any of the laws o,f.this det ermine 
state, for the punishment of crimes and misdemeanors, shall, when its extent. 
collected, be paid into the treasury of the county where the offence pJdinto 
shall be tried, for the use of such county, unless otherwise ex- the treasu- 
pressly directed : Provided, Jwiocver, That nothing in this section r c y un t y & 
contained shall be so construed as to found or constitute a cause of where the 

i ii i_- • ■> • • offence shall 

challenge or objection to any grand or petit juror. be tried. 

Sec 162. The benefit of clergy, appeals of felony, and trials Benefit of 
by battle, shall be, and are hereby forever abolished. aboWhed!' 

Sec 163. The court shall have power in all cases of conviction When any 
under this act, when any fine is inflicted, to order, as part of the*fc e l J^~ 
judgment of the court, that the offender shall be committed to jail, court-may 
there to remain until the fine and costs are fully paid, or otherwise p^Zfojau 
legally discharged. vntuuis 

Sec 164. Each and every person who may hereafter be con- paid - 
victed of the crime of rape, kidnapping, wilful and corrupt perjury, Persons 
or subornation of perjury, arson, burglary, robbery, sodomy, or deemedin- 
the crime against nature, larceny, forgery, counterfeiting, or biga- famous, 
my, shall be deemed infamous, and shall forever thereafter be ren- 
dered incapable of holding any office of honor, trust, or profit, of 
voting at any election, of serving as a juror, and of giving testi- 
mony, 



230 CRIMINAL CODE. 



Sixteenth Division. 



Of Process, Indictment, Arraignment, Trial, Judgment, Execu- 
tion, and Writ of Error. 

Sec. 165. It shall be the duty of the circuit court, when any 
Dut v °f indictment shall be found as a true bill, to make an order, fixing 
the amount the amount of bail to each offence bailable by law, to be endorsed 
of bail. on the process by the clerk and the sheriff, coroner, or other 
officer, who shall arrest the indicted person or persons, shall let 
such indicted person or persons to bail upon his, her, or their en- 
tering into a recognizance, with one or more securities, in the sum 
Becog-ni- or sums specified on said process : which recognizance shall be 
zance, made to the people of the state, conditioned for the appearance of 
the indicted person or persons, on the first day of the next circuit 
court, to be holden in and for such county, to answer the said in- 
dictment, and not depart the court without leave ; which recogni- 
zance shall be signed by the persons entering into the same, and 
certified by the officer taking it. Every recognizance so taken, is 
hereby declared to be valid and binding, and shall not be set aside, 
or adjudged insufficient for want of form. 

Sec 166. It shall be the duty of the clerks of the circuit courts 

of each county of this state, to issue process of capias for the ap- 

derks°{o prehension of all persons indicted in said courts respectively, to be 

issue capias directed to the sheriff, coroner, and constable, of the county where 

such indicted person or persons shall then be ; and it shall be the 

duty of the sheriff, or in case of his absence or inability, of the 

coroner, or some one of the constables of the county, to which 

said capias is directed, to arrest the person or persons therein 

named, and to let him or them to bail, where the offence is bailable ; 

or if the offence be not bailable, or not sufficient bail be offered, 

then the officer making the arrest shall bring his, her, or their 

bodies to the jail of the county where said capias is returnable, and 

deliver such accused person or persons, together with the capias, 

Officer hav- to the keeper of the jail, there to remain until discharged by due 

^/incus - 1 ' cour> se of law. It shall also be the duty of any officer who shall 

tody may take any recognizance in pursuance of this section, to return the 

P anycoun- same to tne c ^ ei '^ ^7 tne m ' st ^ a y °f tne court to which it may be 
ties in his returnable. It shall be lawful for any officer who has the custody 
route. Q c an y p r j soner or prisoners, by virtue of this section, to pass 

through any counties which lie in his route between the place of 
arrest and the county to which he is taking such prisoner or pris- 
oners, and to lodge or deposit said prisoner or prisoners in any 
jail on his route, for safe custody, for one night or more, as occa- 
sion may require ; and it is hereby made the duty of the county 
Compensa- commissioner's court of the county where such indictment shall be 
Hon of such f oun d l0 pay to the officer who shall brine; anv offender or offend- 

oflicer to be r i i • i i l c i 

paid by ers from another county, his reasonable charges lor sucli service : 
county com- Provided. That nothing contained in this or the preceding section 

missioners' . ., ,? ... , . , l , j ° 

court. shall prevent a capias horn being issued without such endorsement, 

returnable instanter ; which capias shall authorize and require the 
accused to be arrested, and immediately brought into court, when 



CRIMINAL CODE. 231 

he or she shall be either committed, bailed, or tried at the term at 
which the indictment shall be found. 

Sec. 167. It shall be the duty of the clerks of the circuit Duty of 
courts to issue subpenas, either on the part of tbe people, or q{ clerks to is- 
the accused, in any indictment directed as in the preceding sec-perms. 
tion, to any county in this state. And every witness who shall be 
duly subpenaed, and shall neglect or refuse to attend any circuit 
court, pursuant to the requisitions of such subpena, shall be pro- 
ceeded against and punished for contempt of the court. And at- 
tachments against witnesses who live in a different county from 
that where such subpena is returnable, may be served in the same mentsa- 
manner as capiases are directed to be served out of the county gainst wit- 
irom which they issue, hi the preceding section. 

Sec 168. It shall not be necessary to issue a venire in any crimi- 
nal case. And in all criminal cases where the pannel of jurors shall sar y to is- 
be exhausted by challenges or otherwise, and whether any juror has sue avenue 
been elected and sworn or not, it shall be competent for the court criminal 
to order on tneir minutes a tales for any number of jurors, not ex- case - 
ceeding twenty-four, returnable instanter, out of which persons so 
ordered to be summoned, it shall be lawful to empannel a jury for 
the trial of any criminal case ; but should the tales ordered be in- 
sufficient, by reason of challenges or otherwise, to form an impar- 
tial jury, the court may, from time to time, make such further or- 
ders on their minutes for additional tales men, returnable instanter, 
until a full jury shall be obtained. 

Sec. 169. No bill of indictment for false imprisonment, or A prosecu _ 
wilful and malicious mischief, shall be found tC a true bill " by any tor shall be 
grand jury, unless a prosecutor is endorsed thereon by the foreman l^ery^aiof 
of the grand jury, with the consent of the prosecutor, except the indictment 
same shall be found upon the information and knowledge of two 
or more of the grand jury, or upon the information of some public 
officer in the necessary discharge of his duty ; in which case it 
shall be stated at the end of the indictment how the same is found, 
and then no prosecutor shall be required ; but in cases where a 
prosecutor is endorsed on the indictment, and the defendant shall j , ,, 
be acquitted on trial, the petit jury acquitting such defendant shall find whcth- 
find, in addition to the verdict of u not guilty," whether the prose- ^ r p ^ ec "7 
cutor had acted maliciously by instituting the prosecution or not ; ed maii- 
and whenever the petit jury shall return with a verdict of " not cious! V- 
guilty," that the prosecutor had acted maliciously in the premises, 
the court shall enter judgment for costs against the prosecutor, in- 
cluding a fee of three dollars to the attorney general, or state's attor- 
ney, and award execution for the same, as is done in civil cases : 
Provided, That nothing herein contained shall render the prosecutor 
incompetent to be a witness, either belore a grand or petit jury. 

Sec 170. Every person charged with treason, murder, or Accused 
other felonious crime, shall be furnished, previous to his arraign- Enisled 
ment, with a copy of the indictment, and a list of the jurors and 'with a copy 
witnesses. In all other cases he or she shall, at his or her request, dictmenX 
or the request of his or her counsel, be furnished with a copy of 
the indictment, and a list of the jurors and witnesses. 

Sec 171. Upon the arraignment of a prisoner, it shall be suf- 
ficient, without complying with any other form, to declare, orally, 



232 CRIMINAL CODE. 



Plea of not D y himself or his counsel, or his or her counsel, that be or she is 
^emadT^ not guilty ; which declaration or plea shall be immediately entered 
orally. upon the minutes of the court by the clerk, and the mention of the 
arraignment and such plea shall constitute the issue between the 
people of the state and the prisoner ; and if the clerk should neg- 
lect to insert in the minutes the said arraignment and plea, it may 
and shall be done at any time by order of the court, and then the 
error or defect shall be cured. 
When par- g EC . 172. In ail cases where the party indicted shall, on being 
mute? S arraigned, obstinately stand mute, or refuse to plead, standing mute 
or refusing to plead, shall be adjudged and taken to be a denial of 
the facts charged in the indictment, and the court shall order the 
plea of " not guilty " to be entered on the minutes, and the trial, 
judgment, and execution, shall proceed in the same manner as it 
would have done if the party had pleaded u not guilty." 
When Sec. 173. In all cases where the party indicted shall plead 

guilty. u guilty^" such plea shall not be entered until the court shall have 
fully explained to the accused the consequences of entering such 
plea ; after which, if the party indicted persist in pleading " guilty," 
such plea shall be received and recorded, and the court shall pro- 
ceed to render judgment and execution thereon, as if he or she 
had been found guilty by a jury. In all cases where the court 
possess any discretion as to the extent of the punishment, it shall 
be the duty of the court to examine witnesses as to the aggravation 
and mitigation of the offence. 
Challenge Sec. 174.' Every person arraigned for any crime punishable 
of jurors, with death, shall be admitted on his trial, to a peremptory challenge 
of twenty jurors, and no more, and every person arraigned for any 
offence, that may be punished by imprisonment for a term exceed- 
ing eighteen months, shall be admitted to a peremptory challenge 
of ten jurors ; and in all other criminal trials, the defendant shall be 
allowed a peremptory challenge of six jurors. The attorney pros- 
ecuting on behalf of the people shall be admitted to a peremptory 
challenge of one half of the number of jurors that the accused is 
entitled to. 
Jurydc- Sec 175. In no case shall the right to a trial by jury dc media- 

Unguae. 6 taie linguae, be allowed in criminal prosecutions. 
When an Sec 176. Where an offence shall be committed on a county 
committed ^' ne ' tne tria ^ ma y De m e 'ther county divided by such line ; and 
on the where any offence shall be committed against the person of another, 
and the person committing the offence shall be in one county, and 
the person receiving the injury shall be in another county, the trial 
may be had in either of said counties. 
Grand jury & EC - 177. In all complaints exhibited before the grand jury of 
shall hear anv county, they shall hear the witnesses on behalf of the people 

testimony \ i > ,, . ,. ■> • « \ 

on the part only ; and may una an indictment on the oath ol one witness oniy, 

ofthcpco- or upon the information of two of their own body, except in cases 

peony. ^ treason or perjury, where, at least two witnesses to the same 

fact shall be necessary ; and in finding a bill on indictment, at least 

sixteen of the grand jury shall be present, and at least twelve of 

them shall agree to the finding. The foreman of the grand jury 

may swear or affirm all witnesses that may come before the jury. 

Sec 178. All trials for criminal offences shall be conducted 



county line. 



CRIMINAL CODE. 233 

according to the course of the common law, except when this act TrjaU how 
points out a different mode, and the rules of evidence of the com- ducted?' 
nion law, shall also, unless changed by this act, be binding upon all 
courts and juries in criminal cases. Juries in all cases shall be 
judges of the law and the fact. 

Sec. 179. When the jury shall retire to consider of their ver- when the 
diet in any criminal case, a constable, or other officer, shall be J ur y shal1 
sworn or affirmed to attend the jury to some private and convenient consider of 
place, and to the best of his ability, keep them together without their ver- 
meat or drink, water excepted, unless by leave of the court, until of officer 
they shall have agreed upon their verdict, nor suffer others to unending 
speak to them, and that when they shall have agreed on their ver- ont em " 
diet, he will return them into court : Provided, however, That in 
any cases of misdemeanor only, if the prosecutor for the people, 
and the person on trial, by himself or counsel, shall agree which 
agreement shall be entered upon the minutes of the court to dis- 
pense with the attendance of an officer upon the jury, or that the 
jury, when they have agreed upon their verdict, may write and Mn v seal 
seal the same, and after delivering the same to the clerk, may dictnnd'de- 
separate, it shall be lawful for the court to carry into effect any liver it to 
such agreement, and receive any such verdict, so delivered to the 
clerk, as the lawful verdict of any such jury. 

Sec 180. If any officer sworn to attend upon a jury, shall When ojji- 
knowingly violate his oath or affirmation, or shall so negligently ^ v r J t t n m< fl e 
perform his duties, that the jury shall separate without leave of the jury, shall 
court, or obtain food or drink, (except water,) or if any person not Sf ec */^ 
belonging to the jury, shal! hold conversation with any of the jury, 
every person and officer so offending, shall be punished for a con- Punish- 
tempt of the court by fine and imprisonment, or both, in the dis- mevL 
cretion of the court. 

Sec 181. In all cases where any person or persons shall be Costs of 
convicted of any crimes or misdemeanors specified in this act, or ^El"™' 
of any offences at common law, the court shall give judgment ih&t pa id> 
the offender or offenders so convicted shall pay the costs of the 
prosecution. 

Sec 182. The property, real and personal, of every person Property 
who shall be convicted of any of the offences punished by this act, Y on co £j- 
shall be bound ; and a lien is hereby created on the property, both ed bound 
real and personal, of every such offender, from the time of his or * ere y ' 
her arrest, if he or she be arrested before indictment, if not, then 
from the time of finding the indictment, at least so far as will be 
sufficient to pa}*" the fine and costs of prosecution.— And it shall be p erk shalL 
the duty of the clerk of the circuit court, at the end of each term, 'tZTsfoT 1 ' 
to issue an execution for every fine which shall have been imposed/"^, 
during the term, and which remains unpaid, and for all costs of 
conviction in criminal cases, in which execution shall be stated, 
the day on which the arrest was made, or indictment found, as the 
case may be, which execution shall be delivered to the sheriff or 
coroner, and shall be by him levied on all the estate, real and 
personal, which the defendant or defendants possessed, as his ot- 
her own real or personal estate, on the day mentioned in such ex- 
ecution, and any property, real and personal, subsequently acquired 
by him or her ; which property, so to be levied upon, shall be 
30 



234 CRIMINAL CODE. 

advertised as in civil cases, and sold for what it will bring. It 
shall be no objection to the selling of any property under such 
execution, that the body is in custody for said fine and costs. 
Party con- Sec. 183. It shall and may be lawful for any person or persons, 
vidcd may convicted of any criminal offence, to replevy the judgment for the 
judgment 16 ^ ne anc ^ costs ) or lDe costs only., when no fine shall be imposed, 
for jin e and hy such convicted person or persons, with one or more good and 
TeHn^ 'into sufficient freeholders entering into a recognizance before the circuit 
recount- court, to the people of this state, for the payment of such fine and 
zance. CO sts, or costs only, within five months from the date of the 
acknowledgment ; which recognizance, so taken, is hereby declared 
valid in law, and to create a lien on the real estate of all such 
persons as shall acknowledge the same, and upon the breach there- 
of, the clerk is herehy authorized to issue an execution against the 
goods and chattels, lands and tenements of the persons who entered 
into recognizance, in the same manner as if it had been a judgment 
of the court, which execution shall be collected in the same man- 
Stirefatias uer as is prescribed in the preceding section. No scire facias shall 
notneces- oe necessary previous to issuing surh execution. In all cases 

sary before , 1 • i r • i i n 1 

issuing- ex- wtiere the person or persons, convicted as aforesaid, shall replevy 
edition on^ t he fine and costs, as is provided in this section, then no execution 
nizance.^ shall issue for said fine and costs, as is prescribed in the next pre- 
ceding section ; and further, such person or persons, after replevy- 
ing the fine and costs, as aforesaid, shall not be imprisoned for such 
fine and costs, but such person or persons shall be wholly dis- 
charged from any imprisonment in consequence of any conviction, 
unless where imprisonment is by this act made a part of the punish- 
ment ; in that case, such convicted person or persons, shall be 
discharged from his or her, or their imprisonment, at the expiration 
thereof, if he, she, or they have replevied the fine and costs as 
aforesaid. 
Executions Sec. 184. Executions for fines and costs of prosecution, and 
ma y be ls ~ on recognizances taken in pursuance of the preceding section, may 
any countybe issued into any county in this state. 

°{ ll } is Sec. 185. Whenever it shall be made satisfactorily to appear 

Persons to the circuit court, after all legal means have been exhausted, that 
m h ay . be , dis ' any person who is confined in jail for any fine or costs of prosecu- 
fro'rnlm- tion, for any criminal offence, hath no estate wherewith to pay such 
prisonment mie a nd costs, or costs only, it shall be the duty of the said court 
and costs to discharge such person from further imprisonment for such fine 
when un- and costs, which discharge shall operate as a complete release of 
t/ie e sa°me. ay such fine and costs : Provided, That nothing herein shall authorize 
Proviso, any person to be discharged from imprisonment before the expira- 
tion of the time for which he or she may be sentenced to be im- 
prisoned, as part of his or her punishment. 
In cases of Sec. 186. In all cases of bail, for the appearance of any person 
bail. ' or persons charged with any criminal ofience, the security or 
securities of such person or persons may, at any time before judg- 
ment is rendered upon sciri facias, to shew cause why execution 
should not issue against such security or securities, seize and 
surrender such person or persons, charged as aforesaid, to the 
sheriff of the county wherein the recognizance shall be taken ; and 
it shall be the duty of such sheriff, on such surrender and the 



CRIMINAL CODE. 235 

delivery to him of a certified copy of the recognizance by which 
such security or securities are bound to take such person or 
persons, so charged as aforesaid, into custody^ and by writing 
acknowledge such surrender, and thereupon the security or 
securities shall be discharged from any such recognizance, upon 
payment of all costs occasioned thereby. 

Skc. 187. In the trial of any person or persons, for any crime Duty of 
or misdemeanor, it shall be the duty of the judge before whom suchgLfli// of 
trial is pending, to sign and seal any bill of exception tendered to exceptions. 
the court during the progress thereof : Provided, The truth of the 
case be fairly stated in such bill of exceptions ; and thereupon the 
said exceptions shall, by the clerk of the said court, be entered in 
the record of such trial, and become, to all intents and purposes, a 
part thereof. 

Sec. 188. The party aggrieved by manifest and material error, Writ of 
appearing of record, in any capital prosecution by indictment, may e io r ^o ow 
be relieved by writ of error, upon complying with the following tained, 
terms, to wit : The party complaining that error has been com- 
mitted, shall obtain a certified copy of the record from the clerk, 
and from the judge of the circuit court, or from the person who 
acted as prosecuting attorney on the trial, a certificate expressive 
of an opinion that said record contains a full and true history of the 
proceedings on said trial ; which record, together with an assign- 
ment of the errors relied on for the reversal of the judgment, shall 
be presented to the supreme court, or to one of the justices thereof, 
in vacation ; and if, after inspecting such transcript, the court or 
justice aforesaid, shall be of opinion that there is reasonable cause 
for allowing a writ of error, the same shall be granted by order 
endorsed on the back of said transcript. The allowance of such 
writ of error shall be sufficient authority to the clerk of the supreme 
court, to issue a supersedeas to stay the execution of the sentence 
of death, but not the discharge of the prisoner from jail. Where 
any judgment, the execution whereof has been stayed by writ of 
error, as aforesaid, shall be affirmed, the supreme court shall, by 
order, fix the time when the original sentence of death shall be ex- 
ecuted, a copy of which order shall be sufficient authority to the 
sheriff for the execution of any prisoner therein mentioned, at the 
time specified. 

Sec 189. Writs of error, in all criminal cases not capital, shall shall be 
be considered as writs of right, and issue of course ; but no writ of considered 
error shall be a supersedeas unless the supreme court, or one of ^gitim all 
the justices thereof, in vacation, after inspecting a copy of the cases not 
record certified as in the preceding section, together with an as-^/f/o be 
signment of the errors relied on for a reversal of the judgment, a super- 
shall be of opinion that there is reasonable cause for allowing a se eas ' 
writ of error, then the writ shall be granted by order endorsed on 
the back of such record, in which case the clerk of the supreme 
court shall issue a supersedeas, which shall have the effect to stay 
execution of the sentence, but not to discharge the prisoner from 
custody. If the party applying for such writ of error shall, at the 
time, be in custody under the authority of the judgment prayed to 
be superseded, and the said court or justice shall be of opinion that 
the party obtaining such writ of error ought to be bailed until the 



236 CRIMINAL CODE. 

Prisoner determination of such writ of error, the said supreme court or 
'baiL/untii justice may make an order to discharge such prisoner from custody, 
the determi- U p 0n tne prisoner's entering into a recognizance to the people of 
"he^ivrit o/the state, before the sheriff of the county, where he or she shall be 
error. imprisoned, in such sum and with such security as said court or 
justice shall prescribe ; which recognizance shall be conditioned, 
that the prisoner will appear at the next circuit court, to be holden 
in the county where the trial of such prisoner took place, and at 
each subsequent term of the circuit court on the first days, until 
the determination of such writ of error, and that he will be present 
and submit to such order as the supreme court shall make in the 
premises, and will not, at any of the terms of said court, in which 
he shall be bound to appear by said recognizance, depart the court 
without leave. The recognizance so taken, shall be returned to 
the next circuit court, and there entered of record, and such pro- 
ceedings may be thereon had, in case of a breach of the condition 
of such recognizance, as shall be according to the course of the 
Proviso, common law : Provided, however, That in cases where corporeal 
punishment is inflicted, the prisoner shall in no case be bailed upon 
the affirmance of any judgment brought into the supreme court by 
virtue of this section ; the said court shall order and direct the 
circuit court to carry into effect the judgment of the court below. 
In case of affirmance, judgment shall be given for costs against the 
party prosecuting such writ of error, and execution shall issue 
thereupon from the supreme court. 

Seventeenth Division. 

Limitations of Indictments and Penal Actions. 

Sec. 190. No person or persons shall be prosecuted, tried, or 
of indict- punished, for any offence denominated by the common law felony, 
(treason, murder, arson, and forgery excepted,) unless the indict- 
ment for the same shall be found by a grand jury, within three 
years next after the offence shall have been done or committed. 
Nor shall any person be prosecuted, tried, or punished, for any 
misdemeanor, or other indictable offence below the grade of felony, 
or for any fine or forfeiture under any penal statute, unless the in- 
dictment, information, or action for the same shall be found or 
instituted within one year and six months from the time of com- 
mitting the offence, or incurring the fine or forfeiture : Provided, 
That nothing herein contained shall extend to any person fleeing 
from justice : and Provided, also, That where any suit, information, 
or indictment, for any crime or misdemeanor, is limited by any 
statute, to be brought or exhibited within any other time than is 
hereby limited, then the same shall be brought or exhibited within 
the time limited by such statute. Provided, also, That where any 
indictment, information, or suit, shall be quashed, or the proceed- 
ings on the same set aside, or reversed, on writ of error, the time 
during the pendency of such indictment, information, or suit, so 
quashed, set aside, or reversed, shall not be reckoned within this 
statute, so as to bar any new indictment, information, or suit, for 
the same offence. 



merits. 



CRIMINAL CODE. 237 

Sec. 191. The act entitled " An act relative to criminal juris- Aetsre- 
prudence," approved January 30, 1827, and all acts and pans oi pea 
acts in addition, or amendatory thereto, shall be, and are hereby 
repealed. Provided, however, That all indictments, recognizances, 
process, and proceedings, which shall be pending when this act 
takes effect, under, or by virtue of any law hereby repealed, shall 
be proceeded on to judgment and execution, in the same manner, 
and with the like effect, as if this act had not been passed. And 
all crimes, misdemeanors, and offences, which shall have been 
committed, or may be committed, before this act takes effect, and 
which are made punishable by any of the laws hereby repealed, 
shall be prosecuted and punished in the same manner as if this act 
had not been passed. 

Approved, Feb. 26, 1833. 



JIN ACT to regulate the apprehension of offenders, and for other in ft 



orce 



purposes. 



after the 
Jirst day of 



July, 1827 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly. That the judges of the su- 
preme court throughout the state, the judges of the circuit courts con serva- 
in their respective circuits, and justices of the peace in their re- tors of the 
spective counties, shall jointly and severally be conservators of [he peace ' 
peace, within their respective jurisdictions, as herein designated, 
and shall have full power to enforce, or cause to be enforced, all 
laws that now exist, or that shall hereafter be made, for the pre- 
vention and punishment of offences, or for the preservation and 
observance of the peace. They shall have power to cause to be Their P° w ~ 
brought before them, or any of them, all persons who shall break 
the peace, and commit them to jail, or admit them to bail, as the May cause 
case may require, and to cause to come before them, or any o(°J<jnders 
them, all persons who shall threaten to break the peace, or shall ed and corn- 
use threats against any person within this state, concerning his or mitted - 
her body, or threaten to injure his or her property, or the property 
of any person whatever ; and also all such persons as are not of 
good fame, and the said judge or justice of the peace, being satis- 
fied, by the oath of one or more witnesses, of his or her bad char- 
acter, or that he or she had used threats, as aforesaid, shall cause 
such person or persons to give good security for the peace, or for^]^ 
their good behavior towards all the people of this state, and par- to keep the 
ticularly towards the individual threatened. If any person against P eace - 
whom such proceedings are had, shall fail to give a recognizance 
with sufficient security, it shall be the duty of the judge or justice 
of the peace before whom he or she shall be brought, to commit 
such person or persons to the jail of the proper county, until such 
security be given, or until the next term of the circuit court. Such Or commit 
judge or justice of the peace, shall also take recognizances for lb& court 
appearance of all witnesses at such courts. All recognizances to 
be taken in pursuance of this section, shall be returnable at the next 



to jail until 



238 CRIMINAL CODE. 

circuit court, to beholden in the proper county, where alJ such re- 
cognizances shall be renewed or dismissed, as the said circuit court 
shall, upon examination of the witnesses, deem to be just and right. 
Which may ^nd vvhere the person or persons committed are in jail at the sit- 

discharsre r , . ' . l . . „ J . 

or admit to ting of such circuit court, the court shall examine the witnesses, 

bail as the anc j either continue the imprisonment, bail the prisoner, or dis- 
ease may , , . , 1 • i in 1 • i 

require. charge bun or her, as to the said court shall appear to be right, 

having due regard to the safety of the citizens of ihis state. 
Hue and Sec. 2. When any felonious ofience shall be committed, public 
TaisTd^for 6 nol,ce thereof shall be immediately given, in all public places near 
the appre- where the same was committed, and fresh pursuit shall be forthwith 
/Sons' 1 °^ mac ^ e a ^ ter evei T person guilty thereof, by sheriffs, coroners, con- 
stables, and all other persons, who shall be by any of them com- 
manded or summoned for that purpose : every such officer who 
shall not do his duty in the premises shall be punished by tine, in a 
sum not. exceeding one hundred dollars, or imprisonment not ex- 
ceeding three months. 
Suspected Sec o. It shall be lawful for any of the aforenamed judges or 
^iow°appre- justices of the peace, upon oath or affirmation being made before 
/tended. him, that any person or persons have committed any criminal 
offence in this state, or that a criminal offence has been committed, 
and that the witness or witnesses have just and reasonable grounds 
to suspect that such person or persons have committed the same, 
to issue his warrant under his hand, commanding the officer, or 
person charged with the execution thereof, to arrest the person or 
persons so charged, and bring him, her or them before the officer 
issuing said warrant, or in case of his absence, before any other 
judge or justice of the peace, the said judge or justice of the peace, 
before whom any person shall be brought in pursuance of such 
warrant, or shall be brought without warrant, and charged with any 
criminal offence, before he shall commit such prisoner to jail, admit 
to bail, or discharge him or her from custody, shall inquire into 
And to in- the truth or probability of the charge exhibited against such pris- 
Ik^truihofQnvr or P r ' soners i by ^ ie oat ^ °f a ^ witnesses attending ; and shall, 
the charge. U p n consideration of the facts and circumstances then proved, 
either commit such person or persons, so charged, to jail, admit 
him, her, or them to bail, or discharge him, her, or them from 
custody. No justice of the peace shall admit to bail any person 
or persons charged with treason, murder, or any ofience punisha- 
ble with death : and, provided, that in all cases where the charge 
is for sodomy, rape, arson, burglary, robbery, forgery, or counter- 
feiting, it shall be the duty of any justice of the peace, whenever 
any person or persons shall be brought before him, for the same or 
either of them, to associate with himself some neighboring justice 
of the peace previous to the examination of the witnesses, and 
they two shall have power to bail such prisoner or prisoners, or 
commit him, tier, or them to jail, in case no good and sufficient 
bail is offered, or discharge the prisoner or prisoners, according to 
the proof that is adduced, and the law arising thereon. All recog- 
nizanees taken in pursuance of this section shall require the ac- 
cused to appear at, and on the first day of the next circuit court, or 
if the court be then sitting, on some day of the term, to be therein 
designated. 



CRIMINAL CODE. 239 

Sec. 4. It shall be the duty of the judge or justice of the peace The v vos ^- 
who shall commit any offender to jail as aforesaid, or admit him to recognized 
bail, to bind by recognizance the prosecutor, and all such as do toa PP earat 
declare any tiling material, to prove the offence charged, to appear 
before the next circuit court, on the first day thereof, or if the said 
court shall be then sitting, on some day to be therein designated, 
(and in all cases at the same time and place as the person or 
persons accused by said witnesses shall be bound to appear,) to 
give evidence touching the offence so charged, and not depart the 
court without leave. If any person, upon being required to enter 
into recognizance as aforesaid, shall refuse, it shall be lawful for 
such judge or justice of the peace to commit him or her to jail, 
there to remain until he or she shall enter into such recognizance, 
or be otherwise discharged by due course of law. 

Sue. 5. All recognizances that have any relation to criminal Recogni- 
matters, shall be taken to the people of this state, shall be signed t^SiH 
by the person or persons entering inro the same, be certified bv 
the judge, justice of the peace, or other officer taking the same, 
and delivered to the clerk of the circuit court, on or before the day 
mentioned therein for the appearance of the witness or accused 
therein bound. Recognizances taken in courts of record need not 
be signed or certified as aforesaid. Recognizances for assaults, 
batteries, and affrays, shall be for the appearance of the uccused 
before the justice of the peace taking the same, or before some 
other justice of the county, on the day appointed by the justice 
for the trial of the offender. 

Skc. 6. Where any person shall be committed to jail on a Perso?is 
criminal charge, for want of good and sufficient bail, except fo^ ?™™ 11 ^ f 
treason, murder, or other offence punishable with death, or for not'bail. 
entering into a recognizance to appear and testify, any judge, or any 
two justices of the peace, may take such bail or recognizance in 
vacation, and may discharge such prisoner from his or her impris- Mittimus, 
onment. It shall be the duty of the judze or justice committing; evdo7 ' se - 

, ... , J i • r • • *nent on. 

such person to jail, to endorse on the warrant oi commitment, in 
bailable cases, in what sum bail ought to be taken. 

Sec 7. When a charge shall be exhibited upon oath before Warrant, 
any judge, or justice of the peace, against any person for a crim- J.°^ m rfl " 
inal offence, it shall be the duty of the judge or justice of the peace 
before whom the charge shall be made, to issue his warrant for the 
apprehension of the offender, directed to all sheriffs, coroners, and 
constables, within the state ; and it shall be the duty of any sheriff, 
coroner, or constable, into whose hands any such warrant shall 
come, to execute the same within their respective counties, and if 
the offender shall be found therein, to arrest and convey such of- 
fender before the judge or justice of the peace who issued the war- 
rant, or before some other justice of the peace of the same county. 
When any such sheriff, coroner, or constable, or other person 
called to the assistance of such sheriff, coroner, or constable, shall 
be in pursuit of any offender, having a warrant for the apprehen- 
sion of such offender, and the offender shall cross the line into the 
adjoining county, such sheriff, coroner, constable, or other person 
may pursue such offender into such adjoining county and make the 



240 



CRIMINAL CODE. 



arrest, as if such offender had been found in the county of the 
officer in pursuit. 
Warrants _ Sec. 8. Any judge or justice of the peace, issuing any such 
'reded'to'* 1 ' warrant > ina y make an order thereon, authorizing a person to be 
any person named in such warrant to execute the same, and the person named 
therein m suc ^ orc ^ er ma y execute such warrant any where in the state, by 
apprehending and conveying such offender before the judge or 
justice issuing such warrant, or before some other justice of the 
same county, and all sheriffs, coroners, and constahles, and others, 
when required in their respective counties, to be aiding and assist- 
ing in the execution of such warrant. 
Officers Sec. 9. Any person or persons, officer or officers, who may have 

toJy n qfof- tne custody of any offender or offenders, by virtue of either of the 
fenders. two preceding sections, may take or carry such prisoner or pris- 
oners into any other county which may he situated on his or their 
way back to the county from which the said prisoner or prisoners 
fled, and may deposit such prisoner or prisoners in any jail on his 
or their route, for safe custody, for one night or more, as occasion 
How to pro- may require. Upon their arriving in the county to which the pris- 
' r '""' oner or prisoners is or are sent, under the last preceding section, 

such officer or officers, person or persons, shall deliver such pris- 
oner or prisoners into the custody of the sheriff or jailer, togeth- 
er with the warrant of the said judge or justice, which shall be a 
sufficient justification to the said sheriff or jailer to receive and de- 
tain such prisoner or prisoners, until he, she, or they obtain bail, 
if the offence be bailable, or be otherwise discharged by due 
course of law. 
Warrants Sec 10. It shall not be necessary to the validity of any war- 
wider seal. rant f° r tne apprehension of any person charged with an offence, 
or warrant of commitment, or search warrant, that it be under the 
seal of the judge or justice of the peace granting or issuing the 
same ; but every such warrant under the hand of the judge or jus- 
tice of the peace, shall be as valid in law as if a seal were affixed. 
And no person shall be discharged on habeas corpus from his im- 
prisonment merely by reason of any defect of legal precision, or 
want of technical form in the warrant of commitment, but the 
court or judge awarding such habeas corpus shall, in all such cases, 
proceed and determine as if the mittimus had all legal and technical 
form : Provided, Sufficient appear on the face of the mittimus to 
ascertain for what crime or offence such prisoner or prisoners 
shall have been committed. 

Sec 11. It shall he lawful for any judge or justice of the 
peace, upon complaint made before him upon oath or affirma- 
tion, that a larceny has been committed, and that the person affirm- 
ing or swearing does verily believe that the stolen goods or other 
property, are or is concealed in any dwelling-house, out-house, 
garden, yard or other place or places, to issue a warrant under his 
hand commanding every such dwelling-house or place to be search- 
ed in the day time ; and if any of the goods described in any 
such warrant, be found therein, then that the said goods be seized 
and brought before the judge or justice issuing said warrant. 
If, upon examination of witnesses before the judge, or justice of 
the peace who issued said warrant, it shall be determined by such 



Search 
warrants 
and pro- 
ceedings 
thereon. 



CRIMINAL CODE. 241 

judge or justice that the goods so brought before him have been 
stolen, it shall be the duty of such judge or justice either to keep 
possession of, or to deliver, or cause to be delivered, such goods 
to the sheriff of the proper county, there to remain uruil the con- 
viction of the thief, or the claimant's right be otherwise legally as- 
certained. If the thief shall not be indicted at the next circuit 
court after the goods shall be seized, and an action shall not be 
commenced against the person or persons in whose possession such 
goods shall have been found for the recovery thereof within one 
month after a circuit court shall have been held after such seizure, 
the said circuit court shall, at their next session, order such goods 
to be re-delivered to the person in whose possession they were 
found, which order shall be obeyed by the person in whose posses- 
sion such goods, may at the lime, be. In case the judge or justice 
of the peace shall, upon such examination as aforesaid, determine 
that such goods so seized had not been stolen, then the goods shall 
be immediately restored to the person from whose possession they 
were so taken. 

Sec. 12. All acts and parts of. acts coming within the purview Adsre- 
of this act, are hereby repealed. This act to take effect from and^ ea ^ c/- 



after the first day of July next. 



Approved, January 6, 1827. 



AN ACT to amend the act relative to Criminal Jurisprudence , In force 
approved January 30, 1827. x ^, ' 

Sec. 1. Be it enacted hy the people of the State of Illinois., 
represented in the General Assembly, That any person who shall Sabbath 
hereafter knowingly disturb the peace and good order of society, rea mg ' 
by labor, or amusement, on the first day of the week, commonly 
called Sunday, (works of necessity and charity excepted,) shall be How 
fined upon conviction thereof, in any sum not exceeding five dol- ished. 
lars. That any person who shall by menace, profane or vulgar 
language, or disorderly or immoral conduct, disturb the peace or 
good order of any congregation, assembled for divine worship, Dlst ^ rhin S 
such person so offending shall be deemed guilty of a high misde- Hon. 
meaner, and upon conviction thereof, shall be fined in any sum How pun- 
not exceeding fifty dollars : Provided, That this act shall not be ^ . 
construed to prevent watermen from landing their passengers, lading 
and unlading their cargoes, or ferrymen from carrying over the water 
travellers, or persons moving with their families, on the first day of 
the week : Provided, That the section shall not prevent the due p urt her 
exercise of the rights of conscience by any person who may think proviso. 
proper to keep any other day as a Sabbath than the first day of the 
week. 

Sec. 2. That whoever shall be guilty of any noise, rout, or Noise, 4-c. 
amusement on the first day of the week, called Sunday, whereby on Sunday. 
the peace of any private family may be disturbed, such person so 
offending shall be deemed guilty of a misdemeanor, and upon con- 
31 



242 CRIMINAL CODE. 

How pun- viction thereof, shall be fined in any sum not exceeding twenty-five 

zshed. in 

dollars. 

Jurisdic- Sec. 3. The justices of the peace, respectively, in their several 

tionof jus- counties, shall have jurisdiction of the aforesaid offences commit- 
ted in their counties, and upon view, or information upon oath, 
may cause any such person, having offended, or being charged 
with having offended, as aforesaid, to be apprehended and brought 
before him to answer such charge. 

Jury trials. Sec 4. When any person, having offended-, or being charged 
with having offended, as aforesaid, shall be brought before any jus- 
tice of the peace, if such person shall require it, a jury of not less 
than six, nor more than eight, shall be summoned to try the cause, 
and if the jury shall find the defendant guilty, they shall assess the 

Judgment, fine, and the justice shall enter judgment therefor ; but if no jury 
shall be required, the justice shall hear the cause, and render such 
judgment as to him shall seem right. 

Appeals. Sec 5. The judgments rendered under this act shall be sub- 

ject to appeals, as in cases of assault and battery and affrays, and 
shall be collected in the same manner. 

Approved, January 19, 1829. 

See " Worshipping Congregations." See also ;t Canal Lands," and also "Roads." 



In force JlN ACT to amend an u act to regulate the apprehension of 



June 1st 
1837 



offenders, and for other purposes, approved January 6, 1827. 



Sec 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That it shall be the duty of 
Names of the judge or justice of the peace who shall commit any offender to 
bfentereJ } R ^-> e ' tner because such offender is unable to procure bail for his 
on war- appearance at court, or because the offence is not by law bailable, 
Commit- to w " te on tne warrant of commitment the names and residences 
ment. of the principal witnesses by whom the crime was proved before 
said judge or justice. 

Sec 2 Whenever any prisoner in the custody of the sheriff or 

jailor of any county, on any warrant of commitment as aforesaid 

shall demand of said sheriff or jailor, a copy of said warrant of 

commitment, said sheriff or jailor shall endorse on the said copy 

the names of the witnesses written thereon as aforesaid, and any 

justice or judge who shall neglect to write the name or names of 

the witnesses aforesaid, on the warrant of commitment, or any 

sheriff or jailor shall neglect to endorse the name of said witness or 

witnesses on any copy of said commitment, each justice, judge, 

Fine for sheriff or jador offending in the premises shall be fined in the sum 

ne 3 ec • Q r twenty dollars, to be recovered by action of debt, in the name 

of, and for the use, of any person who shall sue for the same in any 

court of record. 

Sec 3. Whenever a habeas corpus shall be issued to bring the 
body of any prisoner committed as aforesaid, unless the court or 



DELIVERY BONDS. 243 

judge issuing the same, shall deem it wholly unnecessary and 
useless, the said court or juds:e shall issue a subpoena to the sheriff Subpoena 

*^ ' tO OP ISSUPfl 

oi r the county where said person shall be confined, commanding/ r w^ness. 
him to summon the witness or witnesses therein named, to appear 
before such judge or court, at the lime and place when and where 
such habeas corpus shall be returnable, it shall be the duty of such 
sheriff to serve said subpoena if it be possible, in time to enable 
such witness or witnesses to attend. It shall be the duty of the T „., 
witness or witnesses thus served with said subpoena to attend and shall attend 
give evidence before the judge or court issuing the same on pain o^ and 8 iv& 
being guilty of a contempt, and shall be proceeded against accord- 
ingly by said judge or court. 

Sec. 4. On the hearing of any habeas corpus issued as afore- 
said, it shall be the duty of the judge or court who shall hear the 
same, to examine the witness or witnesses aforesaid, and such other 
witnesses as the prisoner may request, touching any offence 
mentioned in the warrant of commitment as aforesaid, whether 
said offence be technically set out in said commitment or not, and 
upon which hearing, said judge or court may either re-commit, 
bail or discharge the prisoner according to the facts of the case. 

This act to take effect from and after the first day of June next. 
Approved, 11th February, 1837. 



DELIVERY BONDS. 

JIN ACT to regulate the taking of Delivery Bonds. 



In force 
July 2, 
1833. 



Sec 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That whenever a sheriff shall 
have levjed an execution, issued from the courts of records, upon s t e !rf k 
the personal property of any defendant, or shall be about to make delivery 
such levy, and the defendant be desirous of retaining the" same in bond - 
his possession, such sheriff shall take a bond from such defendant 
with security that the property shall be forthcoming, or delivered, 
at such time and place, as shall be named in the condition, and 
that the same shall not be disposed of nor injured, and a bond so 
taken shall not be considered void, as taken by color of office. Bond when 

Sec 2. Where bonds have been and shall be taken by a sheriff, n °t c ? m ' tk 
for the forthcoming and delivery of property, and the defendant or execution 
his security shall not return the property named in the said bond ™ a v be 
conformably to the condition thereof, the officer having such no levy had 
execution, may proceed to execute the same in the same manner been made * 
as if no levy had been made ; and in case the defendant's property, 
or a sufficiency thereof, cannot be found, the officer may proceed 
to levy on so much of the property of the security in the delivery 
bond as will make the amount called for in such bond, and the 
property which may be so taken, may be sold by giving ten days 
notice thereof, and no further delivery bond shall be allowed. 

Sec 3. The 17th section of an act concerning judgments and 



244 DEPOSITIONS. 

Ad8 , r f" executions, approved, January 17, 1825, and all of the act u to 
regulate the taking of delivery bonds and for other purposes," 
approved, January 26, 1826, be, and the same are hereby 
repealed. This act to be in force from and after the first of July 



next. 



Approved, March 1, 1833. 



DEPOSITIONS. 



In force JJJST ACT regulating the mcde of taking Depositions, and to 
!^ 2 T ' provide for the perpetuating of testimony. 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That when the testimony of 
Ffnon-resi- an Y. non-resident witness or witnesses shall be necessary in any 
dentwii- civil cause depending in any court of law or equity in this state, it 
nesses. sna ]j ^ e i awm | f or tne p art y wishing to use the same, en giving to 
the adverse party or his attorney ten days previous notice, together 
with a copy of the interrogatories intended to be put to such 
witness or witnesses, to sue out from the proper clerk's office a 
dedimus potestatem, or commission under the seal of the court, 
directed to any number of persons, not exceeding three, as com- 
missioners, or to any judge or justice of the peace of the county or 
city in which such witness or witnesses may reside, authorizing and 
requiring him or them to cause such witness or witnesses to come 
belore him or them at such time and place as he or they may 
designate and appoint, and faithfully to take his, her, or their 
deposition or depositions upon all such interrogatories as may be 
inclosed with, or attached to said commission, boih on the part of 
the plaintiff and defendant, and none others ; and to ce/tify the 
same when thus taken, together with the said commission and 
interrogatories into the court in which such cause shall be depend- 
ing, with the least possible delay. 
Of resident Sec 2. When the testimony of any resident witness or witnesses 
witnesses, shall be necessary in any sut in chancery in this state, it shall be 
lawful for the party wishing to use the same to cause the deposition 
or depositions of such witness or witnesses, to be taken before any 
justice of the peace, or clerk of the circuit or county commission- 
ers' court of the county wherein such witness or witnesses shall 
reside without being required to sue out a commission or to fill in- 
terrogatories for such purpose, on giving to the adverse parly or 
his attorney reasonable notice of the time and place of taking the 
same. And it shall also be lawful, upon satisfactory affidavit being 
filed, to take the depositions of witnesses residing in this state, to 
be read in suits at law in like manner as is above provided in all 
cases where such witness or witnesses shall reside in a different 
county from that in which the court shall be held, is or are about 
to depart from the state, is or are confined in jail on legal process ; 
or is or are unable to attend such court on account of advanced 



DEPOSITIONS. 245 

age, sickness, or other bodily infirmity : Provided, that such 
reasonable notice shall be intended to mean at least ten days, in all 
cases, and one day in addition thereto, (Sundays inclusive,) for 
every thirty miles travel from the place of holding the court, to the 
place where such deposition or depositions shall be taken. 

Sec 3. Previous to the examination of any witness whose Oath of 
deposition is about to be taken as aforesaid, he or she shall be Wllnesses - 
sworn (or affirmed) by the person or persons authorized to take 
the same, to testify the truth in relation to the matter in controversy, 
so far as he or she may be interrogated ; whereupon, the said 
commissioner or commissioners, judge, justice of the peace or 
clerk, (as the case may be,) shall proceed to examine such witness 
upon all such interrogatories as may be enclosed with, or attached 
to any such commission as aforesaid, and which are directed to be 
put to such witness, or where no commission shall be necessary, 
upon all such interrogatories as may be directed to be put by either 
party litigant, and shall cause such interrogatories, together with the 
answers of the witness thereto, to be reduced to writing in the 
order in which they shall be proposed and answered, and signed 
by such witness.— After which it shall be the duty of the person or 
persons taking such deposition, to annex at the foot thereof, a cer- 
tificate subscribed by himself, or themselves, stating that it was 
sworn to and signed by the deponent ; and the time and place, 
when and where the same was taken. And every such deposition, Howr , e ~» 
when thus taken and subscribed, and all exhibits produced to the 
said commissioner or commissioners, judge, justice of the peace, 
or clerk as aforesaid, or which shall be proved or referred to by 
any witness, together with the commission and interrogatories, if 
any, shall be enclosed, sealed up, and directed to the clerk of the 
court in which the action shall be pending, with the names of the 
parties litigant endorsed thereon : Provided, that when any deposi- 
tion shall be taken as aforesaid, by any judge or justice of the 
peace out of this state, such return shall be accompanied by a 
certificate of his official character under the great seal of the state, 
or under the seal of the proper court of record of the county or 
city wherein such deposition shall be taken. 

Sec. 4. Every examination and deposition which shall be taken 
and returned, according to the provisions of this act, may be read May he 
as good and competent evidence in the cause in which it shall be r ^ e a nce in em ~ 
taken, as if such witness had been present and examined by parol 
in open court on the hearing or trial thereof. 

Sec 5. Each and every commissioner or commissioners, judge, Commis- 
just.ice of the peace, or clerk of the circuit or county commission- "^T it- 
ers' court, who may at any time be required to take depositions tion. 
in any cause pending in any of the courts of law or equity in this 
state, or by virtue of any commission issued out of any court of 
record in any other state or territory, shall have power and author- 
ity to issue subpenas, if necessary, to compel the attendance of all 
such witnesses as shall be named in the commission, or by the 
parties litigant, where no commission is necessary in the same 
manner and under the same penalties as is prescribed in other cases, 
where witnesses are directed to be subpenaed. 

Sec. 6. Every witness attending before any commissioner, judge, 



246 DEPOSITIONS. 

Compensa- justice of the peace, or clerk as aforesaid, to be examined as afore- 

tionofwd- J •, i n i • i i r %■■ • 

nesses. said, shall be entitled to a compensation for his time and attendance 
and travelling expenses at the same rate for the time being, as is, 
or shall be allowed by law to witnesses attending courts of record 
in this state ; and the party requiring such examination shall pay 
the expenses thereof, but may, if successful in the suit, be allowed 
for the same in the taxation of costs. 
Informaii- Sec. 7. The party, his attorney, or any person who shall in 
ty what will ^ w j se fo e i mereste d i n t he event of the suit, shall not be per- 
mitted to dictale, write, or draw up any deposition or deposirions 
which may, at any time, be taken under this act ; and every depo- 
sition so dictated, written, or drawn up, or that shall be returned 
to the court unsealed, or the seal of which shall be broken, shall 
be rejected by the court as informal and insufficient : Provided, 
such seal shall have been broken previous to its reception by the 
clerk, to whom it shall be directed. 
Seals not Sec. 8. It shall not be lawful for any party litigant or the clerk 
tobebroken of the court into which any deposition may be returned as afore- 
said, to break the seal of the same, either in term time, or in vaca- 
tion, unless by permission of the court. And if any such person 
or clerk shall presume to open any such deposition when taken and 
returned as aforesaid, without such permission as aforesaid, he shall 
be considered guiky of a contempt of court, and may be punished 
accordingly : Provided, that it shall not be considered an offence 
for the clerk to break open any such deposition as aforesaid, where 
it is doubtful from the endorsements made thereon, whether the 
same be a deposition or not ; but in such case, it shall not be proper 
for such clerk to permit any person to examine any deposition, 
which may be thus opened by mistake, until permission shall have 
been first given by the court as aforesaid. 

Sec. 9. All depositions taken in pursuance of this act, when re- 
wh^Trmd turne( ^ ml ° court, may be read by either party, on the trial of the 
in evidence, causes to which they relate. 

Sec. 10. In all cases hereafter, where any person or persons 
ualFngof sna ^ desire to perpetuate the remembrance of any fact, matter, or 
testimony, thing, which may relate to the boundaries or improvements of 
land, name, or former name of water courses, the name or former 
name of any portion or district of country, regarding the ancient 
customs, laws, or usages of the inhabitants of this country, as far 
as the same may relate to the future settlement of the land claims, 
or touching the marriage or pedigree of any person or persons, or 
in relation to the title to slaves or servants, or any other matter or 
thing, necessary to the security of any estate, real or personal, or - 
mixed, or any private right whatever, it shall be lawful for such 
person or persons, upon filing a petition supported by affidavit, in 
the circuit court of the proper county, setting forth particularly the 
fact or facts, intended to be established, to sue out from such court 
a dedimus poteslatem, or commission, directed to any two justices 
of the peace, or to any clerk of the circuit or couniy commission- 
ers' court of the county wherein such testimony is to be taken, and 
may, thereupon, proceed to take such deposition or depositions as 
shall be prayed for in said petition. 

Sec. 11. It shall be the duty of the person or persons suing 



DEPOSITIONS. 247 

out such dedimus as aforesaid, before proceeding to take such depo- Notice to be 

r . . . , - 1 i ° • • c given in 

sition as aforesaid, to give at least lour weeks previous notice ol suck cases. 
the lime and place when and where the same is to be taken, to- 
gether with a copy of the petition annexed thereto, to each and 
every person who may be known to be interested in the subject 
matter of such deposition, or to his, her, or their attorney, or in 
case the person be a feme covert, to her husband ; or if a minor 
or minors to his, her, or their guardian or guardians ; or if such 
guardian or guardians should be interested, to such guardian or 
guardians as shall be appointed by the court, to defend the interests 
of such infant or infants ; or in lieu of such written notice as afore- 
said, such petitioner or petitioners shall cause a notice in form as 
aforesaid, with a copy of the petition thereto annexed as aforesaid, 
addressed to such persons as may be known to be interested as 
aforesaid, as well as to all others whom it may concern, to be pub- 
lished for four weeks successively in some public newspaper print- 
ed in this state, at least eight weeks previous to the day of taking 
such deposition or depositions. 

Sec. 12. The said justices of the peace or clerk as aforesaid, 
shall attend at the time and place appointed, where each and every p lrty\nay 
person who may think himself or herself interested in the deposi- attend a-nd 
tion about to be taken, may attend by themselves or attorneys, and ^? s e a 
may examine and cross examine such deponent or deponents ; and 
all such questions as may be proposed, together with the answers 
thereto by the witness, shall be reduced to writing in the English 
language, or in the language of the witness : (Provided, he or she 
shall not understand English,) as near as possible, in the exact 
words of such deponent, which said questions and answers, when 
reduced to writing as aforesaid, shall be distinctly read over to the 
witness ; and if found to be correct, shall be signed by him or her, 
in the presence of the said justice, (or clerk as the case may be,) 
who shall thereupon administer an oath or affirmation to such wit- 
ness, as to the truth of the deposition so taken as aforesaid, and 
shall annex at the foot thereof a certificate subscribed by himself or 
themselves, stating that it was sworn to and signed by the depo- 
nent, and the time and place, when and where the same was taken ; 
and ail such depositions when thus taken, shall be carefully sealed 
up, and transmitted to the clerk of the circuit court of the county 
from which such dedimus shall have been issued, within thirty days 
from the time of taking the same ; who shall thereupon enter the 
same at large upon the records in his office, and shall certify on 
the back of such deposition that the same has been duly recorded, 
and return it to the person or persons for whose benefit it shall 
have been taken. 

Sec. 13. All depositions taken in manner and form as is pro- Such iesti- 
vided in the two foregoing sections, or a duly certified copy of ^Tm™m 
the record of any such deposition, may, in case of the death of any case of the 
such deponent, or in case of inability to give testimony, in conse- le e * al ° disa _ 
quence of his, her, or their insanity or imbecility of mind or body, biuty of de- 
ar where such witness shall be rendered incompetent by judgment ponen ' 
of law, or in the event of his, her, or their removal, so that their 
testimony cannot be obtained in the ordinary way on trial, may be 
used as evidence in any case to which the same may relate : Pro- 



Acts re- 
pealed. 



248 DETINUE. 

vided, that nothing herein contained, shall be so construed as to 
prevent any legal exception being made and allowed to the reading 
of any such deposition in any trial at law or in equity, in which the 
same may be introduced as evidence. 

Sec 14. The act entitled " an act regulating the manner of 
taking depositions," approved February 19ih, 1819, the act en- 
titled " an act regulating the mode of taking depositions,' 1 approved 
January 31st, 1821, the act entitled " an act to amend an act regu- 
lating the mode of taking depositions, approved January 31st, 
1821," approved February 10th, 1823, and also the act entitled 
cc an act directing the mode of perpetuating testimony," approved 
February 25th, 1819, and particularly sections 17, 18, 19, 20, 
21, 22, 23, 24 and 25, of the act entitled " an act to prescribe 
the mode of proceeding in chancery," approved January 26th, 
1827, as well as all other acts and parts of acts which shall come 
within the purview of, or be repugnant to, this act, be, and the 
same are hereby repealed : Provided, that nothing in this act. con- 
tained, shall be so construed as to effect any deposition heretofore 
taken in conformity with the existing laws ; or to effect any depo- 
sition which may be hereafter taken, upon interrogatories now filed, 
or which may be filed before this act takes effect, or where notices 
have been, or may hereafter be given for such purpose so long as 
the existing laws upon that subject shall remain in force. 

This act to take effect from and after the first day of June next. 

Approved, Feb. 9, 1827. 



DETINUE. 



Jan™ AJV ACT concerning the action of Detinue. 

1S27. 

Sec. I.' Be it enacted by the people of the State of Illinois, 

represented in the General Assembly, That in all actions of detinue, 

Affidavit to where the plaintiff shall file in the office of the clerk of the court 

be made } n which. such action is to be commenced, an affidavit on the oath or 

masindeU- affirmation of the plaintiff or some other credible person, slating 

nuecan that the property, to recover which such action is about to be 

commenced, is the property of the plaintiff, staling the va4ue 

thereof, and that the defendant unlawfully detains the same, the 

clerk shall issue a writ of capias in detinue, and endorse the amount 

so sworn to, and direct the sheriff to take bail in double that sum. 

Sec 2. It shall be the duty of any sheriff to whom a writ of 

Sheriff to capias in detinue shall be directed, to take the body of the defend- 

S^o/rfe- ant anf ^ cpmniit him to the common jail of the county, unless he 

fendant shall enter into a bond to the plaintiff, conditioned that if judgment 

gtvTbond. sna11 be. rendered in such action against him, he will deliver to the 

plaintiff the property which shall be thereby recovered, and pay all 

damages which shall be assessed for the detention thereof, and costs 

of suit ; the sheriff shall return such bond with the writ, as in 

other cases. 



DIVORCES. 249 

Sec. 3. If any sheriff shall return any such writ executed, and^Wf'* 
shall not have the body of the defendant according, to the command improper 
of the writ, or return a bond, as is provided in the preceding sec- ™turn. 
tion, or the bond returned shall be adjudged insufficient by the 
court, and the defendant shall fail to perfect his bail if ruled thereto, 
the sheriff shall be made a co-defendant and may defend the suit 
upon the pleas of the defendant, and shall be subject to the same 
judgment and recovery as the defendant, and be joined therein. 
All questions concerning the sufficiency of such bond shall be de- 
termined during the return. term. 

Sec. 4. When any bond as aforesaid shall be forfeited, the Bond-when 
plaintiff shall have the same remedy against the bail, and the bail \ remedy ' 
shall have the same remedy against the principal, and the sheriff, thereon. 
when made a co-defendant, shall have the same remedy against the 
principal and bail as is or may be provided by law in cases of bail 
in other civil causes, and the same proceedings shall be had thereon. 

Sec 5. Any court out of which any writ as aforesaid shall issue, 
or any judge thereof in vacation may reduce the sum for which bail # a # court 
is demanded, and the court may except the surrender of the de- may reduce 
fendant and cancel such bond in the same manner, for the like tieamounL 
causes, and with the like effect as in other cases of bail in civil 
actions. 

Sec 6. All actions commenced in manner aforesaid, shall be proceed- 
conducted and proceeded on in all things according to the princi-^ 5 in 
pies and usages of law in actions of detinue. If any verdict for 
the plaintiff shall omit the price, or value or damages for detention, 
the court may, at any time, award an enquiry to ascertain the same. 

Approved, Jan. 6, 1827. 



DIVORCES. 
JUST ACT amending the law concerning Divorces. Jan. r \2 



1827. 



Sec 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That all marriages, where 
either of the parties had a former husband or wife Jiving at the time untm^r- 
of solemnizing the last marriage, shall be void ; and any woman or ringe cte- 
maiden, who shall be dupedor deceived into such subsequent mar- clared V0ld ' 
riage, shall be restored to all the rights she would have had, if such 
marriage had not taken place, and may sue for and recover dama- 
ges for such fraud, as in cases of breach of marriage contract. 

Sec 2. When any divorce shall hereafter be granted for any Females to 
cause, the court, before which the same shall be tried, if the person be divorced 
applying being a female, shall be poor and unable to pay costs, ^oltTincer- 
shall direct that no costs shall be taxed against such person, or tain cases. 
charged for printing the notice : Provided, such person shall pub- 
lish her notice in the paper published by the public printer. 

Approved, Jan. 12, 1827. 

32 



250 



DIVORCES. 



In force 
June 1, 

1827. 



Divorces 
may be 
granted. 



Proviso. 



Circuit 
court to 
have jurist 
diction in 
such cases. 



Residence 
of com- 
plainant 
what neces- 
sary. 

Collusion 
of com- 
plainant. 



AN ACT concerning Divorces. 

Sec. I. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That whenever a marriage 
has been, or hereafter may be contracted and solemnized between 
any two persons, and it shall be adjudged in the manner hereinafter 
provided, that either party, at the time of such marriage was, and 
continues to be naturally impotent, or that he or she had a wife or 
husband living at the time of such marriage, or that either party 
has committed adultery subsequently to the marriage, or wilfully 
deserts and absents himself or herself from the husband or wife, 
without any reasonable cause, for the space of two years, and for 
extreme and repeated cruelty or habitual drunkenness for the space 
of two years, in every such case it shall be lawful for the injured 
party to obtain a divorce and dissolution of such marriage contract ; 
but no such divorce shall, in any wise, affect the legitimacy of the 
children of such marriage, except in cases where the marriage 
shall be declared void on the grounds of a prior marriage : Pro- 
vided, that any wilful desertion and absence which may have hap- 
pened before this act takes effect, shall be computed part of the 
two years absence and desertion provided for in this act. 

Sec 2. The circuit court, sitting as a court of chancery, shall 
have jurisdiction in all cases of divorce and alimony by this act 
allowed ; and the like process, practice, and proceedings shall be 
had, as are usually had in other cases in chancery, except as is 
hereinafter provided, and except that the answer of the defendant 
need not be on oaih. The proceedings shall be had in the county 
where the complainant resides, and the process may be directed to 
any county in the state. 

Sec 3. No person shall be entitled to a divorce in pursuance 
of the provisions of this act, who has not resided in the state one 
w T hole year previous to filing his or her bill or petition, unless the 
offence or injury complained of was committed within this state, 
or whilst one or both of the parties resided in this state. 

Sec 4. If it shall appear to the satisfaction of the court that 
the injury complained of was occasioned by collusion of the parties, 
or done with the assent of the complainants for the purpose of ob- 
taining a divorce, or that the complainant was consenting thereto, 
or that both parties have been guilty of adultery, when "adultery is 
the ground of complaint, then no divorce shall be decreed. 

Sec 5. In all cases for a divorce, - where the defendant shall 
appear and deny the charges in the complainant's bill or petition 
alleged, the same shall be tried by a jury ; but if the bill or peti- 
tion shall be taken for confessed, the court may proceed to a hear- 
ing of the cause, by examination of witnesses in open court, and 
no confession of the defendant shall be taken as evidence, unless 
the court or jury shall be satisfied that such confession was made 
in sincerity, and without fraud or collusion, to enable the complain- 
ant to obtain a divorce. But any marriage which may have been 
celebrated or had in any foreign state or country, may be proved 
by the acknowledgment of the parties, their co-habitation, and 
other circumstantial testimony. 



DIVORCES. 251 

Sec. 6. When a divorce shall be decreed, it shall and may be Alimony 

i*ii- i when al- 

lawful for the court to make such order touching the alimony and lowed. 
maintenance of the wife, the care, custody and support of the 
children, or any of them, as from the circumstances of the parties 
and the nature of the case shall be fit, reasonable, and just. And 
in case the wife be complainant, to order the defendant to give 
reasonable security for such alimony and maintenance, or may en- 
force the payment of such alimony and maintenance in any other 
manner consistent with the rules and practice of the court. And 
the court may, on application, from time to time, make such alter- 
ations in the allowance of alimony and maintenance, as shall appear 
reasonable and proper. 

Sec 7. Any woman suing for a divorce, who shall make it Females 
appear satisfactory to the court, that she is poor and unable to pay ^ y sue > 
the expenses of such suit, shall be allowed by the court to prose- 
cute her complaint without costs, and in such cases, no fees shall 
be charged by the officers of the court. All acts heretofore passed 
on the subject of divorces, are, by this act, repealed. 

This act to take effect on the first day of June next. 

Approved, Jan. 31, 1827, 



«#jY ACT amending the law concerning Divorces, approved Jan. in force 

31 ef 1K97 December 

OLSl, LO^i. 4) lg32> 

Be it enacted by the people of the State of Illinois, represented in 
the General Assembly, That in addition to the causes already pro- Courts of 
vided by law for divorces from the bauds of matrimony, courts of havejull 
chancery in this state shall have full power and authority to hear powers to 
and determine all causes for a divorce, not provided for by any causes for 
law of this state. The same rule of proceeding shall be had as in divorces not 
other cases in chancery, and upon hearing of the bill, or bill andyJr^V^w- 
answer, and proofs and exhibits, if the court shall be satisfied of 
the expediency of decreeing a dissolution of the bands of matri- 
mony, they shall have power to do so, and to make such order ^^Zf 
with regard to the costs as they may deem right, and also to make saidcounty.. 
such order with regard to the children (if any) and the right of ali- 
mony, as they may think proper, under the provisions of an act of 
the Legislature entitled " an act concerning divorces, approved, 
January 31st, 1827." 

This bill having been laid before the council of re- 
vision, and ten days not intervening before the ad- 
journment of the General Assembly, the same not 
having been returned on the first day of the piesent 
session, it has become a law, this 4th day of De- 
cember, 1833. 

A. P. FIELD, Secretary of State. 



252 DISTRICTS— DOWER. 

DISTRICTS. 

In force JIN ACT to layout the State into districts, for the purpose of 
i83i*. ' electing Representatives to the Congress of the United States. 

Sec. I. Be it enacted by the people of the State of Illinois, re- 
presented in the General Assembly, That for the purpose of elect- 
Sonaldis- in § tnree representatives to congress, the following districts are 
triets. hereby established, numbered first, second and third. The first 
nt District, shall be composed of the counties of Gallatin, Pope, Johnson, 
Alexander, Union, Jackson, Franklin, Perry, Randolph, Monroe, 
St. Clair, Washington, Clinton, Bond, Madison, and Macoupin. 
2d District. The second district shall be composed of the counties of White, 
Hamilton, Jefferson, Wayne, Edwards, Wabash, Lawrence, Clay, 
Marion, Fayette, Montgomery, Shelby, Vermilion, Edgar, Coles, 
zd District. (5lark, and Crawford. The third district shall be composed of 
the counties of Greene, Morgan, Sangamon, Tazewell, Macon, 
McLean, La Salle, Cook, Putnam, Peoria, Henry, Knox, Jo Da- 
viess, Mercer, Warren, Hancock, McDonough, Fulton, Schuyler, 
Adams, Pike, and Calhoun. 
The mem- Sec. 2. One representative to congress shall be elected in 
Elected be eac ^ °^ l ^ e severa ' districts aforesaid, at the general election held 
when. ' in the several counties on the first Monday in August, 1832 ; pro- 
Proviso. vided, however, that if congress shall not apportion to this state 
three representatives, no election shall be held as aforesaid. 

Approved, Feb. Id, 1831. 



DOWER. « 

June? 6 ^-^ *&^T f° r ^ ie s P ee dy assignment of the Dower, and Partition 
1827. ' of Real Estate. 

Sec 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That when the heir or other 
refusing to person, having the next immediate estate of freehold or other 
assign inheritance, shall not, within one month next after demand made, 
assign and set over to the widow of the deceased to her satis- 
faction, her dower in, and to all lands, tenements, and heredita- 
ments, whereof by law she is or may be dowable, according to 
the true intendment of law, then such widow may sue for, and re- 
cover the same, in the manner hereafter prescribed, against such 
heir or other person having the next immediate estate of freehold 
or inheritance, or tenant in possession, or other person or persons 
claiming right or possession in said estate. '? 
Petition. Sec 2. Every widow claiming dower, may file her petition in 

the circuit court of the county against the parties aforesaid, stating 
their names, if known, setting forth the nature of her claim, and 
particularly specifying the lands, tenements, and hereditaments in 



DOWER. 253 

which she claims dower, and praying that the same may be al- 
lowed to her ; and the clerk shall thereupon issue a summons to Summons. 
the parties to appear at the next term of the said court, to answer 
the complaint, which shall be served by the sheriff as other writs 
and process. If the parties be unknown, or do not reside in the 
county, said clerk shall cause an advertisement to be inserted in Publication 
the nearest newspaper, printed in this state, to said premises, for ^" olce ' 
four weeks successively, notifying said parties that such petition is 
filed, and requiring them or any of them to appear at the next term 
of the circuit court, and shew cause why such dower should not 
be assigned ; and which publication shall be deemed due notice, 
and the parties aforesaid, or any other person interested therein, 
may appear and contest the widow's right to dower. 

Sec. 3. In all cases where the claim of the widow to dower Appearing. 
may be contested, the parties contesting the same shall be required 
to enter their appearance to the action, and the court shall there- 
upon proceed to try the cause, or direct an issue for that purpose, 
as the circumstances of the case may require. 

Sec 4. Where any of the parties defendants are minors, and Guardian 
under age, and without guardians, the court shall appoint guardians minor™ 
ad litem for such minors. 

Sec. 5. Where the court adjudges that the widow shall recover judgment, 
dower, it shall be so entered of record, together with a description 
of the land out of which she is to be endowed ; and said court 
shall thereupon appoint three commissioners, not connected with 
any of the parties, either by consanguinity or affinity, and entirely 
disinterested, each of whom shall take the following oath, to be 
administered by the court, or some justice of the peace : " I do 
solemnly swear, that I will fairly and impartially allot and set off" to 
A. B. widow of C. D. her dower, out of the lands and tenements 
described in the order of the court for that purpose, if the same 
can be made, consistent with the interest of the estate, according 
to the best of my judgment, so help me God." And said com- 
missioners shall set off and allot to said widow her dower by metes 
and bounds, according to quality and quantity of all the lands, 
tenements, and hereditaments described in said order of court : 
Provided, the widow shall have the homestead or dwelling-house 
of the husband, if she desire it, and make return in writing under 
their hands and seals to said court ; which, if approved by said 
court, shall vest in her an estate in the lands and tenements so set 
off* and allotted to her, for and during her natural life. 

Sec 6. No woman that shall be endowed of any lands, N ottocom _ 
tenements, and hereditaments shall wantonly or designedly commit mit waste. 
or suffer any waste thereon, on penalty of forfeiting that part of the 
estate whereupon such waste shall be made, to him or them that 
have the immediate estate of freehold or inheritance in remainder 
or reversion, (and in case of negligent or inadvertent waste,) by her Damages 
done or suffered, the damages that may be assessed for such waste, 
to be recovered by action of waste. 

Sec 7. Where a widow has claim to dower in lands lying in 
different counties, she may proceed in the circuit court of the Writof 
county where the lands lie, and make recovery in the manner as is* possession, 
herein directed ; and in all cases where the report assigning dower 



254 DOWER. 

shall be approved, the court shall forthwith cause the widow to 

Anddama- nave possession by a writ directed to the sheriff for that purpose, 

awardelihe and such widow shall also be entitled to reasonable damages to be 

widow. awarded her from the time of her demand and refusal to assign 

her her reasonable dower ; which may be assessed by the court ; 

or a jury, if required, shall be empannelled for that purpose, and 

execution may issue therefor. 

Sec. 8. The widow may, in all cases, retain the full pos- 

Widow to session of the dwelling-house in which her husband most usually 

dwelling- dwelt next before his death, together with the out houses and 

house. plantation thereto belonging, free from molestation and rent until 

her dower be assigned. 

Sec 9. If the commissioners aforesaid shall report that the 

iuscefm ^ anc ' s or olner estate is not susceptible of a division, without great 

of division, injury thereto, a jury shall be empannelled to enquire of the yearly 

value of the widow's dower therein, and shall assess the sume 

accordingly ; and the court shall thereupon render a judgment that 

there be paid to such widow as an allowance in lieu of dower, en a 

day therein named, the sum so assessed as the yearly value of her 

dower, and the like sum on the same day in every year thereafter, 

during her natural life ; and such jury shall, moreover, if the same 

has not been done, assess the damages which may have accrued 

down to the time of rendering the verdict. 

„. . Sec 10. Heirs, or if under age, their guardians, or any other 

Heirs may . 7 ° 7 i i- i 

petition for persons interested in lands, tenements, or hereditaments, may also 
VfSnoer"' 1 P et ' l * on lne court to have the widow's dower assigned, which 

shall be proceeded in in the same manner as is prescribed in other 

cases. 
How divor- Sec 11. If any woman shall be divorced from her husband for 
ces shall the fault or misconduct of such husband, except where the marriage 
ejec ower wflg vq ^ f rom t ^ e ] 3e gj nn i ri g^ sne s j )a ]] not thereby lose her dower ; 

but if such divorce be for her fault or misconduct, she ehall forfeit 
* her dower ; and where a divorce is obtained for the fault and mis- 
conduct of the husband, he shall loose his right to be tenant by the 
curtesy in the wife's lands. 
Adultery in Sec 12. If a wife voluntarily leave her husband and commit 
e * adultery, she shall be forever barred her dower, unless her 

husband be voluntarily reconciled to her, and suffer her to dwell 
with him. 
Joint ten- Sec 13. When any person, by last will and testament, shall 

ants may devise his or her real estate, or any part thereof, to two or more 
^division 0r devisees, not ascertaining the metes and boundaries of each 
of their devisee's share, and their shares be undivided, such devisees, or 
any of them, and should they or any of them be under age, their 
guardian or guardians may apply to the circuit court of the county 
where the whole of the lands, or a part thereof may lie, by petition 
in writing ; and said court may order a division thereof to be made 
agreeably to the true intent and meaning of said last will and 
testament ; and said court shall appoint three commissioners, not 
connected with any of the parties, either by consanguinity or 
affinity, and entirely disinterested ; each of whom shall take an 
oath before the court, or some justice of the peace, fairly and 
impartially to make partition of said lands, if the same can be done 



DOWER. 255 

consistently with the interest of the estate : and the said com- 
missioners shall go upon the premises and make partition of said 
lands, tenements, and hereditaments, assigning to each devisee his 
or her share, by metes and bounds, and shall make report of their 
proceedings to the next term of the circuit court ; which report, if 
approved by said court, shall be entered of record, and shall be 
conclusive to all parties concerned. 

Sec 14. Where the real estate of any person dying intestate, Coparce- 
shall descend to two or more children, or other heirs of the in-" erso . r . 

. . . l- • i I l tenants in 

testate, and the same be not divided, or where two or more common. 
persons, proprietors of any tract or tracts of lands, tenements, or 
hereditaments within this state, are desirous of having the same 
divided, the circuit court on application, by petition, may order _ ± . ±1 tJ 

. ,. ...... r 11, J l ii- Entitled to 

and direct a division ot such lands, tenements, or hereditaments, a division. 
agreeably to the law of descents where the lands are claimed by 
descent, or agreeably to the rights of the parties, proprietors, and 
owners aforesaid, by metes and bounds, and shall, thereupon, ap- 
point three commissioners, who shall make partition and return 
their proceedings under their hands and seals, as is prescribed in 
the previous section of this act ; and which report, if approved by 
said court, shall be recorded as in case of devisees, and shall be 
conclusive on all parties concerned. 

Sec. 15. All devisees, heirs, or owners of lands, tenements, or 
hereditaments as aforesaid, or the guardians of such as are under Notice to all 
age, not applying for such division, (and if any heir, devisee, or 
owner, be under age, and without a guardian, the court shall ap- 
point a guardian ad litem for such minor,) shall have notice of the 
application for such partition, by summons duly served, or by 
advertisement, to be published for four weeks in the nearest news- 
paper to the premises, printed in this state. 

Sec. 16. Where any lands, houses, or lots, are so circum* Lands not 
stanced, that a division thereof cannot be made without manifest susceptible 
prejudice to the proprietors of the same, and the commissioners °* tviswn - 
appointed to divide the same., shall so report to the court: the 
court shall thereupon give an order to said commissioners, or other 
person or persons, to sell such lands, houses and lots, or houses, 
and lots at public vendue, upon such terms, and by giving notice To he sold - 
of sale as the court shall direct, and who shall make and execute 
good and sufficient conveyance or conveyances to the purchaser 
or purchasers thereof ; which shall operate as an effectual bar, 
both in law and equity against such owners or proprietors, and all 
persons claiming under them ; and the moneys arising therefrom, And money 
to pay to the owners or proprietors of such houses and lots, their paid to the 
guardians or legal representatives, as shall be directed by said 
court. — The court to make such order in relation to costs as shall 
seem right. 

Sec 17. An act for the speedy assignment of dower, ap- . 
proved, February 12, 1819, and an act for the partition of lands, -pealed. 
approved, February 20, 1819, be, and the same are hereby 
repealed. 

Sec 18. The commissioners to be appointed under this act, Compensa- 
shall be allowed as a compensation for their services, one dollar per ^J^™' 



25Q DOWER. 

day each, to be taxed as other costs. This act to take effect on 
the first day of June next ; but rights acquired under those acts are 
not affected by this act. 

Approved, Feb. 6, 1827. 



in force, AN ACT authorizing suits against persons whose names are un- 
1837 Feb ' known in certain cases. 

Sec. 1 . Be it enacted by the people of the State of Illinois, repre- 
sented in the General Assembly, That in all cases, when applica- 
nts' 1 ^ " t ' 0n ^ as ^ een or sna ^ hereafter De made before any circuit court of 
order or this State to obtain an order or decree for the assignment of dower, 
decree. or f or partition of any real estate under the provisions of the act 
entitled u an act for the speedy assignment of dower and partitions 
of real estate," approved on the sixth day of February, one thous- 
and eight hundred and twenty-seven, and the name or names of 
any person or persons interested in the lands or premises whereof 
dower is asked 'to be assigned, or partitions to be made, is, or 
Names un- ma ^ ^ e un ^ nown t0 lne P art y> making the application aforesaid, 
known the person or persons whose name or names is, or may be unknown 
Ues d to P suit as a f° resa 'd, mav De made parties to such proceedings by the name 
' and description of unknown proprietor or owners of the premises, 
or as the unknown heirs of any person who may have been interested 
in the same ; but in all cases when persons, whose names are un- 
known are made parties to any proceeding the party making the 
ingappii-' application shall, at the time of filing the petition, attach thereto an 
cation to affidavit, stating that the names of the persons made parties as 
davit aforesaid, are unknown, and process shall issue against such persons 
by the name and description given in the petition, and notice of 
Notice to be the pendency of the application shall be given to such parties by 
publication, publication, as is required to be given to non-residents by the above 
recited act, and when such notice shall be given, the court shall 
act in die premises as though the parties so notified had been noti- 
fied by their proper names. 
Courtto Sec 2. In suits or proceedings under the provisions of this act, 

toliearand ar, d lne act to which this is an amendment, the court shall have 
determine, power to hear and determine the same, according to the rights of 
the parties interested ; as fully and completely as if all persons inter- 
ested had been made parties by their proper names : Provided, that 
during the pendency of any such suit or proceeding, any person 
claiming to be interested in the premises to be assigned or aparted 
may appear and answer the petition, and assert his or her rights by 
way of interpleader, and the court shall decide upon the rights of 
persons appearingas aforesaid, as though they had been made parties 
in the first instance. 
Court may Sec 3. If in any suit or proceeding under the provisions of 
°of lands' 1 C tn < s act an d die act to which this is an amendment, the court shall 
<£c. order a sale of any lands or premises, and the person making the 

sale shall report to the court that no person has appeared to claim 



Proviso. 



EDUCATION. 257 

or receive the money belonging to any non-resident or person 
whose name is unknown, the court shall thereupon require the 
money belonging to the persons not claiming as aforesaid, to be Money to be 
deposited in the treasury of the State, subject to the further order deposited in 
of the court, and all money required to be deposited as aforesaid, reasur V- 
shall be received by the State treasurer, and paid out upon the or- 
der of the court. 

Sec 4. When money shall be deposited in the State treasury Persons 
under the provisions of this act, the person or persons entitled to entitled to, 

, r . II i'ii a may receive 

the same* may, at any time, apply to the court making the order ot mone y i q-c. 
sale, and obtain an order for the same, upon making satisfactory 
proof to the court of his, or her, or their right thereto. . 

Sec. 5. In all suits in chancery, and suits to obtain the title to 
lands heretofore commenced or instituted, or which may hereafter 
be commenced or instituted in any of the courts of this State, if 
there be persons interested in the same whose names are unknown, 
it shall be lawful to make such persons parties to such suits or pro- ._■ . 
ceedings by the name and description of persons unknown; ov un j. vown 
unknown heirs or devisees of any deceased person who may have made par- 
been interested in the subject matter of the suit previous to his or 
her death : but in all such cases an affidavit shall be filed by the Anaffidavit 

... , , J , to be filed. 

party desiring to make any unknown person a party* stating that 
the names of such persons are unknown, and process shall be issued 
against all parties by the name and description. given as aforesaid, 
and notices given by publication as is required in proceeding against 
non-residents shall be sufficient to authorize the court to hear and g°* l ™£j be 
determine the suit as though all parties had been sued by their publication. 
proper names. 

Sec 6. All decrees, orders, judgments, and proceedings had Orders and 
or made under the provisions of this act and the act to which this ^rfSs- 
is an amendment, shall be as binding and conclusive upon the upon par- 
parties and persons interested, as though all of such parties and hes ' 
persons had been sued by their proper names. 

Sec 7. Commissioners appointed to assign dower or make Commis- 
partition of real estate, may make reports to the court, during the m ^ p ^. ma f i 
same term at which they were appointed and the court may, at to court. 
such term, make all such orders upon such reports as may be ne- 
cessary to a final disposition of the case. 

Approved, £7th February, 1837. 



EDUCATION. 



JIN ACT confirming grants of Property made for the encourage- in force 



ment of Education, and for other purposes. 



July 1, 
1831. 



Section 1. Be it enacted by the people of the Stale of Illinois, ^"'n'^r 
represented in the General Assembly, That all gifts and grants poses se- 
heretofore made of land for the erection of a school house, a house ™™ d j* 
for divine worship, and for burying the dead, where such gift or p0S es. 
33 



258 EJECTMENT. 

grant of land shall not exceed ten acres for a church or burying 
ground, shall be held valid in law to the use of the person or per* 
sons or religious society therein named, for the purpose of educa- 
tion, for divine worship, or for the interment of the dead, and none 
To be re- other : Provided, that such gifts and grants shall be recorded in 
the county where such lands may lie, within twelve months from 
the passage of this act. 

Sec. 2. When any person shall hereafter deem it proper to 
make a donation or grant of land for the purpose of erecting a house 
for divine worship, a house for education, or for the interment of 
Deeds to be the dead, such deed of gift or grant shall be made and executed to 
count^Jm- tne county commissioners of the proper county, and their succes- 
missioners. sors in office in trust and for the use of the persons, society or 
collection of people therein named ; which shall be held and used 
by such society, persons, or body of people, as therein directed, 
for the sole use of education, divine worship, and interment of the 
rr °¥/ e ' dead and none other ; which deed shall be recorded in the record- 
er's office of the proper county, within twelve months after the 
Limitation execution °f tne same : Provided, that in no case shall such grant 
for the erection of a house lor divine worship exceed in any quan- 
tity ten acres of land. 

Sec. 3. If any person or persons shall commit any trespass 
hov^un- u P on tne premises so granted, such trespasser shall be liable to pay 
ished. all damages so committed, to be recovered in the name of any per- 
son who will sue for the same ; and when recovered shall be paid 
over to those persons or societies interested in the premises, to be 
expended by them in repairing such damages or making any im- 
provements thereon that they may think fit. 
Grants per- Sec 4. When any gift or grant, as aforesaid, shall be pervert- 
Ibandoned ec ^' or use d f° r anv otner purpose than contemplated by this act, 
to revert to or shall be abandoned by the donees, such gifts or grants shall be- 
C Unless come vested in the county where such lands may lie, unless oth- 
otherwise erwise directed, in such gift or grant by the donor, and shall be 
doner* by s0 ^ ^7 tne or( ^ er °^ tne county commissioners of such county, 
and the proceeds thereof applied for the use of education in such 
county. 

Approved, Feb. 1,1831. 



EJECTMENT. 



In force AN ACT to simplify proceedings in the action of Ejectment* 

Jan. 3, 



1836. 



Section 1. Be it enacted by the people of the Slate of Illinois, 
represented in the General Assembly, That in all cases where any 
person has heretofore entered upon and occupied, or shall hereafter 
enter upon and occupy, any lands, tenements, or hereditaments within 
this state, by virtue of any lease or permit, from the United States 
or this state, such person, his, her or their heirs or assigns, may 
have and maintain an action of ejectment against any person who 



ELECTIONS. 259 

has or may enter upon such lands, tenements, or hereditaments, 
without the consent of such lessee, his, her, or their heirs or as- 
signs ; and proof of the right of possession shall be sufficient to 
authorize a recovery : Provided, That such action shall be com- 
menced within the time now limited by law. 

Approved, Jan. 13, 1836. 



ELECTIONS. 

AN ACT to amend the act regulating Elections. in force 

1827. 

Section 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That the county commis- County 
sioners' courts of the several counties in this state, are hereby em- commis- 

, i ■ i ■ • r i • • sioners may 

powered to increase the election precincts oi their respective increase the 
counties for the election of members of the general assembly and number of 
other officers, to six, under the restrictions of the act to which this ^Amended. 
is an amendment. 

Sec 2. There shall be appointed at the present session of the Justices of 
general assembly, in the mode prescribed by the " Act regulating LpSerf 
the manner of appointing justices of the peace," approved Febru- 
ary 19, 1819, a suitable number of justices of the peace for the 
several counties created at the present session of the general as- 
sembly ; any law to the contrary, notwithstanding. 

Approved, Feb. 9, 1827. 



AN ACT directing the mode of electing Electors of President T p f 0Tce 
and Vice President of the United States. l82 7. ' 

Section 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That there shall be elected, f^cholln 9 
by general ticket, on the first Monday in November, one thousand by general 
eight hundred and twenty-eight, and on the first Monday in No- tlckeL 
vember, quadriennially thereafter, as many electors of President 
and Vice President of the United States, as this state may be en- 
titled to elect, which election shall be conducted, and returns 
thereof made, in all respects, in the manner prescribed for the 
election of governor. 

Sec 2. The clerks of the several county commissioners' Clerk's 
courts shall, within fifteen days next after holding an election, for (lut v w J ie ™ 
electors as aforesaid, send by express, to the secretary of state, an turns to 
abstract of returns of said election. Immediately after the said re- the sccreta - 

*See Acts of 1835, following. 



260 ELECTIONS. 

T Jm£ StateSi turns s ^ a ^ ^ ave ^ een mac ' e ' lne secretary of state, auditor of pub- 
lic accounts and treasurer, or any two of them shall, in the presence 
of the governor, or person administering the government, proceed 
to open and canvass said election returns, and to declare the per- 
son having the highest number of votes elected ; but should any 
two or more persons be returned, with an equal and the highest 
vote, the said secretary, auditor, and treasurer, or any two of them 
shall, in the presence of the governor, or person administering the 
government, decide by lot which of the persons so equal and high- 
est shall be elected. 
Result of Sec 3. The governor, or person administering the govern- 
ihe election merit, shall cause the result of the said election to be published in 
\°i e f™ b ~ the paper printed by the public printer, and transmit by express, 
to the persons elected, certificates of their election. 

Sec. 4. There shall be paid to said expresses out of the treasu- 
ry, on the warrant of the auditor, mileage at the rate of ten cents 
per mile for bringing said return to the seat of government, or for 
carrying a certificate of election to an elector. The secretary of 
state shall certify to the auditor bow much each express shall be 
entitled to for services rendered under this act. 
Electors to Sec. & The electors chosen as aforesaid, shall meet at the 
meet at the seat of government of this state, at the time appointed by the laws 
emmmf ^ °^ tne United States, and give their votes in the manner therein 
provided ; and perform such duties as are or may be required by 
law. Each elector shall receive for every twenty miles necessary 
travel in going to the seat of government to give his vote, and in 
returning to his residence, to be computed by the most usual route, 
the sum of three dollars, to be paid on the warrant of the auditor, 
out of any money in the treasury, not otherwise appropriated. All 
prior acts on the subject of the election of electors of President 

Acts T€" * • 

pealed. and Vice President of the United States are hereby repealed. 

Approved, January 11, 1827. 



/n force AN ACT regulating Elections. 

June 1, 
1829. 

Sec 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That all general and special 
elections for governor, lieutenant governor, representative to con- 
gress, senators, and representatives to the general assembly, and 
county officers, shall be conducted in the manner hereinafter pre- 
scribed. 
^Amended. Sec %. The county commissioners' court in this state shall 
Precincts divide their respective counties into as many election precincts 
lC eedin* **' as tne - v rna y tmn ^ expedient, not exceeding eight, including the 
pigkt? county seat or place of holding courts, which shall always be one ; 
and shall designate the house or place in each precinct, and in the 
precinct including the county seat, the house or houses, place or 

* See acts of 1835, following. 



ELECTIONS. 261 

places, at which elections are to be holden ; and the precincts and p } ac * °f. 

", ' f. , , ,. , . i t i i i 11 • -l election %n 

places ot holding elections, so established, shall so remain unin eac h to be 
changed by the county commissioners' court : And .ill general and designated. 
special elections shall be held at the places so designated, until And may 
changed as aforesaid : Provided, always, that it shall be the duty ec an§e ' 
of the county commissioners' court at any time, to change any 
place of holding elections, upon a petition of a majority of voters 
residing within the precinct : Provided, further, that the county Two sets of 
commissioners shall, if they deem it necessary, organize two sets {^f k e s s a t nd 
of judges and clerks of election, in the precinct including the county seat. 
county seat. 

Sec. 3. The said county commissioners' courts shall, respec- 
tively, at the last stated term preceding any election, appoint three , , - 
capable and discreet persons, possessing the qualifications of election to 
electors, to act as judges of the election, in each election precinct ; be a PV 01 ^- 
and the clerk of the said court shall make out and deliver to the 
sheriff of the county, immediately after the appointment of said 
judges, a notice thereof in writing, directed to the judges so ap- b Wfw ^f l i 
pointed ; and it shall be the duty of the said sheriff, within twenty thereof. 
days after the receipt of said notice, to serve said notice upon each 
of the said judges of election. The said judges of the election 
shall choose two persons, having similar qualifications with them- 
selves, to act as clerks of the election. The said judges of the Judges to 
election shall be and continue judges of all elections of civil offi- cho °£ e 
cers, to be held within their precinct, until other judges shall be 
appointed, as herein before directed ; and the said clerks of elec- 
tion may continue to act as such during the pleasure of the judges 
of the election. And the county commissioners' courts shall, 
from time to time, fill all vacancies which may take place in the acancies * 
office of judge of the election, in any election precinct within their 
respective counties. 

S ec 4. The clerks of the several county commissioners' courts 
shall, at least thirty days previous to any general election, and at 
least twenty days previous to any special election, make out and 
deliver to the sheriff of his county, three written notices thereof Three no, 
for each precinct, said notices to be, as nearly as circumstances hces f or 

• ii i • r u . , /XT '. . , J , . , each pre^ 

will admit, as follows, to wit: " Notice is hereby given, that on cinct. 
Monday, the day of next, at the house of Form 

in precinct, in the county of an election will be thereo f^ 

held for governor, one lieutenant governor, one representative to 
the congress of the United States, one senator, three representa- 
tives in the general assembly of this state, one sheriff, one coro- 
ner, three county commissioners, &c, (as the case may require,) 
which election will be opened at eight o'clock in the morning, and 
will continue open until six o'clock in the afternoon of the same 
day. Dated at this day of in the year 

of our Lord one thousand eight hundred and 

A. B. clerk of the county commiss'rs' 
court of county." 

And the said sheriff to whom such notices shall be delivered as 
aforesaid, shall post up in three of the most public places in each pos t them. 
precint, the three notices referring to such precinct, at least fifteen «p» 



262 



ELECTIONS. 



No judge 
attending, 
voters may 
pled. 



Oath of 



judges and clerks of the election 

clerks. 



days before the time of holding any general election, and at least 
eight days before the time of holding any special election. 
Judge re- Sec. 5. If any person appointed to act as a judge of the elec- 
fusing. t i on as aforesaid, shall neglect or refuse to be sworn or affirmed to 
act in such capacity, the place of such person shall be filled by 
any justice of the peace, residing within xhe precinct, to be nomi- 
nated by the other judge or judges of the election, and if there be 
no other justice present to act as judge, the other judge or judges 
of the election shall nominate one or more capable and discreet 
elector or electors, residing within the precinct, to fill such vacancy 
Justice of or vacancies ; and if there be no judge of the election present to 
acL PeaCe t0 W SUCD vacancy or vacancies by nomination, then such vacancy or 
vacancies shall be filled by the votes of such qualified electors, re- 
siding within the precinct, as may then be present at the place of 
election ; and the justice or justices, person or persons, so elected 
or nominated to fill such vacancy or vacancies, shall be, and are 
hereby vested with the same power as if appointed by the county 
commissioners' court. 

Sec. 6. Previous to any votes being taken, the judges and 
shall severally take an oath, or affirmation, 
in the following form, to wit : " I, A B, do solemnly swear, (or 
affirm, as the case may be,) that I will perform the duties of judge, 
(or clerk, as the case may be,) according to law and the best of 
my ability ; that I will studiously endeavor to prevent fraud, deceit, 
and abuse, in conducting the same." 

Sec. 7. In case there shall be no judge or justice of the peace 
present at the opening oi the election, or in case such judge or 
justice shall be appointed a judge or clerk of the election, it shall 
be lawful for the judges of the election, and they are hereby em- 
powered to administer the oaths or affirmations to each other, and 
to the clerks of the election ; and the person administering such 
oaths or affirmations, shall cause an entry thereof to be made and 
subscribed by him, and prefixed to the poll-books. 

Sec, 8. At all elections to be held under this act, the polls 
openeTand shall be opened at the hour of eight in the morning, and continue 
closed. open until six: o'clock in the afternoon of the same day, at which 
Incase time the poll shall be closed : Provided, however, that if no judge 
^fending * sna ^ atlen d at the hour of eight in the morning, and it shall be 
necessary for the electors present to appoint judges to conduct the 
election, as herein before prescribed, the election may, in that case, 
commence at any hour before the time for closing the poll shall 
arrive, as the case may require ; and, provided also, that thejudges 
of the election may, if they shall deem it necessary, for the pur- 
pose of receiving the votes of all the electors wishing to vote, 
Closing postpone the closing of the polls until twelve o'clock at night, 
wdwnici 6 ^ u ^ "P on °P enm g ine P°h\ one of the clerks, under the direction 
of the judges, shall make proclamation of the same, and thirty 
minutes before the closing of the poll, proclamation shall be made 
in like manner that the poll will be closed in half an hour. 

Sec 9. The clerks of the election shall furnish the necessary 
poll-books and stationery in conducting the same. 
voting*!' Sec 10, The manner of voting shall be by the elector's ap- 



By whom, 
adminis- 
tered. 



Entry 
thereof to 
be made. 

Poll when 



Proclama- 
tion to be 
made. 
Stationery. 



ELECTIONS. 263 

proaching the bar, in the election room, at any time when the poll 
is open, and addressing the judges of the election in his proper 
person, and with an audible voice, to be heard by the judges and Vlvavoce - 
clerks of the election, to mention by name the persons he intends 
to vote for to fill the different offices -which are to be filled at the 
said election, and the clerks shall enter his name and vote accor- 
dingly, and hs shall then withdraw : Provided, that a voter may 
vote by presenting an open ticket to the judges, containing the 
names of the persons for whom he votes, and the offices ; and the 
said judges shall read the same to the voter, and the clerks, with 
the assent of the voter, set the same down in their books, as in 
other cases. 

Sec 11. It shall be lawful for any elector to vote for governor, fr° y ™ te 
lieutenant governor, and electors of president and vice president <&c. at any 
of the United States, at any place of holding an election within P /ace - 
this state ; for representatives to congress, at any place of holding con p 'i n n the 
an election within the congressional district in which such elector district. 
resides ; for senator and representatives to the general assembly, For senator 
at any place of holding an election within the senatorial or repre- J^ nc ^'J^ 
sentative district in which he resides ; for sheriff, coroner, and sembiy. 
county commissioners, at any place of holding an election in the c0 ^ f_ Qn 
county in which he resides : But for justices of the peace and con- Jus. peace 
stables, he shall not vote out of the district in which he resides. ^ consta ' 
And if any elector shall vote more than once at any election held Voting 
under the authority of this act, he shall be fined in the sum of one JJ^JJ ihari 
hundred dollars, to be recovered by indictment before any court of jj mb pltn _ 
competent jurisdiction, and the whole of such fine shall be appro- ished. 
priated to the use of the county, in which the offence may have 
been committed. 

Sec. 12. When any person shall present himself to give his Challenges 
vote, and either of the judges shall suspect that such person does 
not possess the requisite qualifications of an elector, or if his vote 
shall be challenged by any elector who has previously given his 
vote at such election, the judges of the eleciion shall tender to such 
person an oath or affirmation in the following form : " I, A B, do Qath and 
solemnly swear, (or affirm, as the case may be,) that I am a resi- qualifier 
dent of the county of in the state of Illinois ; that I have voter. 

resided in this state for the period of six months, immediately pre- 
ceding this election ; that I have, to the best of my knowledge 
and belief, attained to the age of twenty-one years ; and that I have 
not voted at this election." And if the person so offering his vote, v , 
shall take such oath or affirmation, his vote shall be received, un- admitted, 
less it shall be proved by evidence satisfactory to a majority of the 
judges, that said oath or affirmation is false : And if such person or rejected.- 
refuses to take such oath or affirmation, his vote shall be rejected. 
And if any person shall take the said oath or affirmation, knowing Fabe oath 
it to be false, he shall be deemed guilty of wilful and corrupt per- how pun- 
jury, and shall, on conviction, surfer such punishment as is now, or isked - 
shall hereafter be prescribed by law, for persons guilty of perjury. 
And if any person shall vote at any election, who is not a qualified Unquaii- 
voter, he shall forfeit and pay any sum not exceeding fifty dollars, Noting tow 
nor less than twenty-five, to be recovered in the same manner as punished. 
other penalties under this act are : Provided, however, that if such Proviso. 



mi 



ELECTIONS. 



Constables 
to attend. 



Special con- 
stable. 



Power of 
judges to 
jine< 



Arid im- 
prison. 



Poll book 
what it 
shall con- 
tain. 



Form. 



One poll 
book to be 



person shall have been considered by the judges of the election a 
legal voter, then such person shall not be so fined. 

Sec. 13. For the preservation of order, as well as the security 
of the judges and clerks of the election from insult and abuse, it 
shall be the duty of any constable or constables, residing within 
the precinct, who shall be designated for the purpose by the judges 
of the election, to attend at all elections within such precinct ; and 
should no constable attend at such election, the judges of election 
are hereby authorized and empowered to appoint one or more 
special constables to assist in preserving order, during the election : 
and the judges are hereby empowered to impose a fine, not ex- 
ceeding twenty dollars, on any person or persons, who shall con- 
duct in a disorderly and riotous manner, and persist in such con- 
duct, after having been warned of its consequences ; and on refu- 
sal to pay the same, to commit him or them to the common jail of 
the county, for any time not exceeding twenty days, or until the 
fine shall be paid ; and the constable to whom the order shall be 
directed, and the jailer of the county, are hereby required to exe- 
cute such order, and receive such person or persons, so committed, 
as though it had been issued or delivered by a magistrate in due 
form of law. 

Sec. 14. When the votes shall have been examined and count- 
ed, the clerks shall set down in their poll-books, the name of every 
person voted for, written at full length, the office for which such 
person received such vote or votes, and the number he did receive, 
the number being expressed in words at full length, such entry to 
be made as nearly as circumstances will admit, in the following 
form, to wit : u At an election held at the house of in 

precinct, in the county of and state of Illinois, on the 

day of in the year of our Lord one thousand eight hundred 

and the following named persons received the number of 

votes annexed to their respective names, for the following described 
offices, to wit : 

A B had fifty-three votes for governor. 
C D had fifty one votes for governor. 
E F had sixty-two votes for lieutenant governor. 
G H had sixty votes for lieutenant governor. 
I K had eighty votes for representative to congress. 
L M had seventy-thiee votes for senator- 
N had sixty-five votes for representative. 
P Q had fifty-nine votes for representative. 
R S had fifty-seven votes for sheriff. 
T U had twenty-two votes for coroner. 
V W had thirty votes for county commissioner, 
and in the same manner for any other persons, or officers, voted 
for. Certified by us, 

A B, ) 
CD,} Judges of the election. 

j j ( Clerks of the election. 

The judges of the election shall then enclose and seal one of the 
poll-books, under cover, directed to the clerk of the county com- 



ELECTIONS. 265 

missioners' court of the county in which such election is held, and Tf ur , ne f to f 
the packet thus sealed shall be conveyed by one of the judges or C ommL- ' 
clerks of the election, to be determined by lot, if they cannot oth- oners' 
erwise agree, and delivered to the said clerk of the county com- By the 
missioners' court, at his office, within four days from the close o(J ud ^ eor 
the polls ; and the other poll-book shall be deposited with one of c< 
the judges of the election, to be determined as aforesaid ; and the The other 
poll-book shall be subject to the inspection of any elector who may J$?the 
wish to examine it. And if anv judge or clerk of an election, af- judges. 
ter having been deputed by the judges of the election, at which he 
shall have served as judge or clerk, to carry the poll-book of such judl^or 
election to the clerk ot the county commissioners' court of the Cerk to de- 
county, shall fail or neglect to deliver such poll-book to the said lver ' 
clerk, within the time prescribed by law, safe, with the seal un- 
broken, he shall, for every such offence, forfeit and pay the sum How pun- 
of five hundred dollars, for the use of the county, to be recovered d ' 
in the name of the commissioners of the county, by an action of 
debt in the circuit court. 

Sec. 15. On the seventh day after the close of the election, or Clerk to 
sooner if all the returns be received, the clerk of the county com-pZ™ 
missioners' court, taking to his assistance two justices of the peace 
of his county, shall proceed to open the said returns, and make 
abstract of the votes in the following manner : the abstract of the f&^ r ™?f e 
votes for governor and lieutenant governor shall be on one sheet, 
and the abstract of votes for representatives to congress shall be 
on another sheet, and the abstract of votes for senator and repre- 
sentatives to the general assembly shall be on another sheet, and 
the abstract of votes for county officers shall be on another sheet ; 
and it shall be the duty of the said clerk of the county commis- 
sioners' court, immediately to make out a certificate of election to C ates°of 
each of the persons having the highest number of votes for senator election. 
and representatives to the general assembly, and county officers, 
respectively, and to deliver such certificate to the person entitled 
to it, on his making application for that purpose to the clerk at his 
office : Provided, however, that where two or more counties are Two or 
united in one senatorial or representative district, the clerk of the morewun- 
county commissioners' court of the county last established, shall, district. 
within twelve days after the day of the election, attend at the office 
of the clerk of the county commissioners' court, of the senior 
county, and there, in conjunction with the clerk Or clerks of the 
senior county or counties, shall compare the votes given in the 
several counties composing such senatorial or representative dis- 
trict ; and said clerks shall, immediately, make out a certificate of 
the election of the person or persons having the highest number of 
votes fn such counties for senator or representative to the general 
assembly : which certificate shall be delivered to the person en- 
titled to it, on his application to the clerk of the county commis- 
sioners' court of the senior county, at his office : Provided, also, 
that in the district composed of the counties of Johnson, Union, union and 
and Alexander, the several clerks shall meet at the seat of justice Alexander. 
of Union county ; in the district composed of the counties of Bond, 
Fayette, Montgomery, Shelby, and Tazwell, the several clerks j~"J^ 
shall meet at the seat of justice of Fayette county ; in the district <£] e 
34 



2QG ELECTIONS. 

F ike 9 Ful ~ composed of the counties of Pike, Fulton, Peoria, Schuyler, 
on ' Adams, and Jo Daviess, the several clerks shall meet at the seat 

of justice of Schuyler county ; to compare the returns of votes 
given within such districts, for senators or representatives, or for 
either ; and in every senatorial or representative district, containing 
Clerks to ^ our or more counties, the several clerks shall meet, on the fif- 
meet within teenth day after the election, for the purpose of comparing the re- 
Jfteen days tums Q f saic [ votes< And it shall he the duty of the clerk of the 
county commissioners' court, in each county, on the receipt of the 
Compensa- election returns of any general or special election, to make out his 
tionof certificate, stating therein the compensation to which the judges 
"Serfs* anc ^ clerks of each election may be entitled, for their services, and 
lay the same before the next commissioners' court of the county ; 
and the said court shall order the compensation aforesaid to be paid 
out of the county treasury. 
Persons Sl'C. 16. If the requisite number of senators or representatives, 

ht^heft and or count 7 officers, shall not be elected by reason of any two or 
equal num.- more persons having an equal and the highest number of votes for 
\l Vetidfby one an ^ tne same °^ ce ^ tne c ^ ep k or clerks, whose duty it is to 
lot, compare the polls, shall give notice to the several persons so hav- 

ing the highest and an equal number of votes, to attend at the office 
of the proper clerk, at a time to be appointed by the said clerk or 
clerks, who shall then and there proceed publicly to decide by lot 
which of the persons so having an equal number of votes shall be 
declared duly elected ; and the said clerk or clerks shall make out 
and deliver to the person- thus declared duly elected, a certificate 
of his election, as herein before provided. 
Returns to Sec 17. The clerk of the county commissioners' court, im- 
tv of state, me diately after making out abstracts of votes given in his county, 
shall make a copy of each of said abstracts, and transmit it by mail 
to the office of the secretary of state ; the abstract of votes for 
governor and lieutenant governor, being addressed to the speaker 
of the house of representatives, and inclosed with the other ab- 
stracts to the secretary's office as aforesaid ; and it shall be the 
duty of the secretary of state, at the opening of the succeeding 
session of the general assembly, to deliver all such abstracts of 
votes for governor and lieutenant governor, or for either of them, 
Vtsto be t0 tne speaker of the house of representatives. The secretary of 
canvassed, state, auditor, treasurer, and attorney general, or any two of them, 
in the presence of the governor, shall proceed, within fifty days 
after the election, and sooner if all the returns be received, to can- 
vass the votes given for representatives to congress ; and the 
Governor to governor shall grant a certificate of election to the person or per- 
grant cer- sons having the highest number of votes, and shall also issue a 
tificate. proclamation, declarinsr the election of such person or persons. In 

And issue a' , in. °, . . r ' ' 

prodama- case there shall be no choice, by reason of any two or more per- 
Hon. sons having an equal number of votes, the election shall be deter- 

mined by lot, under the direction of the governor, in the manner 
prescribed in the sixteenth section of this act. 
Secretary Sec 18. If the returns of the election of any county in this 
r^^/ 02/state shall not be received at the office of the secretary of state, 
ger. within thirty days after the day of election, the said secretary shall 

forthwith send a messenger to the clerk of the countv commis- 



ELECTIONS. 267 

sioners' court of such county, whose duty it shall be to furnish „ 

, .. .. ri ii •] Compensa- 

tive said messenger with a copy ol such returns ; and ihe said naes- tion. 

senger shall be paid out of the state treasury the sum of ten cents 

for each mile he shall necessarily travel in going to, and returning 

from the office of the said clerk. 

Sec. 19. Any person who shall receive a certificate of his elec- Liherty f 
tion as senator or representative to the general assembly, sheriff, resigning. 
coroner, or county commissioner, shall be at liberty to resign such 
office, though he may not have entered upon the execution of its 
duties, or have taken the requisite oath of office. And when any rr 
vacancy shall happen in the office of senator or representative to howfiiied 
the general assembly, by death, resignation, or otherwise, the «j case sen- 
governor shall issue a writ of election, directed to the sheriff of ' 
the county in which such vacancy shall happen, commanding him 
to notify the several judges of election in his county to hold a 
special election to fill such vacancy or vacancies, at a time to be 
appointed by the governor : Provided, That if there is to be no r0VLS0 - 
session of the general assembly between the happening of such 
vacancy and the time of the general election, it shall not be ne- 
cessary to order a special election to fill such vacancy. And In case of 
when any vacancy shall happen in the office of sheriff or coroner, s eTl ^ ) ^ c ' 
either by death, resignation, or otherwise, the clerk of the county 
commissioners' court in which such vacancy shall happen, shall im- 
mediately notify the governor of such vacancy ; and it shall be the ^Vritof 
duty of the governor to issue a writ of election, and direct the 
time when such election shall be, held, the said writ to be directed 
to the said clerk. And when any vacancy shall happen in the office y acancy r 
of representative to congress from this state, it shall be the duty representa- 
of the governor to issue his proclamation, appointing a day to hold^™™ con " 
a special election to fill such vacancy. 

Sec. 20. If any vacancy shall happen in the office of governor Vacancy of 
by death, resignation, removal from office, or refusal by the governor g° vernor ' 
elect to take the requisite oath of office, it shall be the duty of the 
secretary of state to notify the clerks of the county commissioners' 
courts of the several counties in this state, that at the next succeed- 
ing general election of members of the general assembly, or elec- 
tors of president and vice president, (as the case may be,) an elec- 
tion will be held to fill such vacancy : Provided, however, That 
the secretary shall not give such notice, nor shall such special elec- 
tion of governor take place unless the vacancy shall have happen- 
ed at least forty days previous to such general election for mem- 
bers of the general assembly, or of electors of president and vice- 
president of the United States, nor unless a regular session of the 
general assembly shall intervene between the time when such va- 
cancy shall have happened and the succeeding quadrennial election 
of governor. 

Sec 21. If any candidate of the proper county shall desire to contested 
contest the validity of any election, or the right of any person de- elections. 
clared duly elected to hold his seat in the senate or house of rep- rep^eVta- 
resentatives of the general assembly, such candidate shall give no- tivetothe 
lice of his intention in writing to the person whose election he in- assembly. 
tends to contest, or leave a notice thereof at his usual place of resi- 
dence, within thirty days after the day of election, expressing the 



268 ELECTIONS. 

points on which the same will be contested, the name of one of 
Taking t ^ justices of the peace who will attend at the taking of the depo- 
sitions, the place where, and the time when the said depositions 
will be taken ; which time so fixed upon for the taking of the de- 
positions, shall not exceed sixty days from the day of election ; and 
the party whose election is contested shall have a right to select 
another justice of the peace, and the two justices so selected shall 
make choice of a third justice, and if they fail to agree upon a 
third justice to act with them, they shall proceed to select, by lot, 
a justice of the peace, who shall preside with them at the taking 
of such testimony ; and the three justices thus selected, or a ma- 
jority of them, shall have power, and they are hereby authorized 
to issue subpenas to all persons whose testimony may be required 
by either of the parties, commanding such person or persons to 
appear and give testimony, at the time and place therein mention- 
ed, under the penalty of fifty dollars, to be levied on each and 
every delinquent who has been duly served with process : Provided, 
however, That should the person, whose election is contested, fail 
to nominate a justice as aforesaid, it shall be the duty of the justice 
nominated by the person contesting the election as aforesaid, to se- 
lect a justice of the peace, who shall proceed as above stated. 
And if any witness or witnesses, summoned as aforesaid, shall fail 
or refuse to appear at the time specified in said notice, it shall be 
lawful for said justices, or either of them, to issue an attachment 
against such witness or witnesses, and the testimony of him, her, 
or them, so failing or refusing to appear, may be taken at any time be- 
fore the next session of the legislature thereafter, by giving five days 
notice to the party whose election is so contested, and to the party 
contesting the same ; and if any justice of the peace selected as 
aforesaid to attend at the taking of the depositions shall, without 
reasonable excuse, fail or refuse to attend at the time and place ap- 
pointed, after having undertaken to attend, he shall forfeit and pay 
a fine of fifty dollars, to be recovered by action of debt, in any court 
having cognizance thereof, one half to the county, and the other 
half to the person who will sue for the same. And the said jus- 
tices, when met, shall hear, and certify under seal, all testimony 
relative to the said contested election to the speaker of the senate, 
or to the speaker of the house of representatives, as the case may 
require. And no testimony shall be heard by the said justices, on 
the part of the person contesting the election, which does not re- 
late to the points specified in the notice, a copy of which notice, 
attested by the person who served or delivered the same, shall be 
delivered to the said justices, and by them transmitted, with the other 
documents, to the speaker of the senate, or to the speaker of the 
house of representatives, to whichever body the person whose 
election is contested belongs. 

Skc 23. If any judge of the election, or clerk, or any other 
Penalty /-°fficer or person, in any manner concerned in conducting ibe elec- 
judgesfy' tion, shall wilfully neglect, improperly delay, or refuse to perform 
'fusing u> anv °^ l ^ ie duties required by this act, after having undertaken to 
act, #c. perform such duties, he shall forfeit and pay to the state the sum 
of forty dollars ; and if any such judge of the election, clerk, or 
other officer or person, in any wise concerned in conducting the 



ELECTIONS. 269 

election, shall knowingly admit any person to vole, not qualified ac- 
cording to law, or shall knowingly receive and count more than one other mis- 
vote from one person, at the same election for one office, or shall be conduct. 
guilty of fraud, corruption, or partiality, or manifest misbehavior, 
in any matter or thing relating to said election, each and every 
person so offending shall forfeit and pay to the county the sum of 
one hundred dollars, to be recovered in any court of record in the 
slate, in the name of the state, for the use of the county, in an ac- Tobedis- 
tion of debt, with costs of suit, or at the suit of any person who qualified. 
may sue for the same, one half for the use of the person sueing, 
and the other half for the use of the county ; and every such per- 
son so offending as aforesaid, shall, moreover, on conviction, be 
rendered incapable of holding any office within this state, for the Refusing 
term of ten years thereafter. If any judges of election shall wil- ^ ^ lt 
fully refuse to receive the vote of any elector, who has a right ac- 
cording to the constitution and laws of this state to vote at the 
polls where such judges preside, and who, being challenged, shall 
offer to take the oath prescribed in such case by this act, such 
judges" of election so refusing, shall be liable to the penalty of fifty 
dollars, to be recovered by action of debt in the name of the stale, 
or of any person who may sue for the same, one half of the said 
fine to go to the use of the county, and the other half to the use of p rov i so . 
the person sueing : Provided, That nothing in this act shall be so 
construed as to prevent the judges of election from refusing to re- 
ceive the vote of any person when it shall be proved to the satis- 
faction of a majority of them, that in taking the said oath he shall 
have sworn falsely. And if any judge of election shall order to be 
received the vote of any person who being challenged, shall not 
take the oath or affirmation prescribed by law, such judge of elec- 
tion, so offending, shall forfeit and pay the sum of fifty dollars, to 
be recovered by action of debt, in the name of the state, or of any 
person sueing therefor, the one half of said fine for the use of the 
county, and the other half for the use of the person sueing. Vacancy of 

Sec. 24. When any vacancy shall happen in the office of senator, q-'c. 
senator or representative to the general assembly, by death, 
removal, or otherwise, it shall be the duty of the clerk of the How filled. 
county commissioners' court of the county, if one county only 
compose the senatorial or representative district, as soon as he 
shall have been informed thereof, to notify the governor of such 
vacancy, and if there be more than one county comprised within 
the limits of such senatorial or representative district, it shall be the 
duty of the clerk of the county commissioners' court of the senior 
county, in such district, so to notify the governor, and the governor, 
immediately upon his receiving such notification, shall proceed in 
the same manner as is prescribed, for other cases, in the 19th sec- 
tion of this act. And whenever any vacancy shall happen in the 
office of governor, either by death, removal, resignation, refusal to tke office of. 
qualify, or any other cause, it shall be the duty of the secretary of 
state to notify the different sheriffs throughout the state, and order 
an election to be held to fill such vacancy, at the next succeeding 
election of representatives to the general assembly, and it shall be 
lawful for the people at the said election for representatives to elect 
a person to fill such vacancy : Provided, That such vacancy shall 



270 



ELECTIONS. 



happen at least one month previous to such election, and provided 
also, that such election shall take place previous to the stated 
quadrennial election of governor. 
^/ec^m to Sec. 25. On the first Monday in August, one thousand eight 
the ist hundred and thirty, and on the first Monday in August biennially 
J \ Ionda )L^ thereafter, there shall be an election in each county in this state, 
for representatives to the general assembly ; senators, where under 
the provisions of the constitution of this state, a senator shall have 
to be elected ; one sheriff ; one coroner, and three county com- 
missioners.* And there shall be held on the said first Monday in 
August, 1830, and quadrennially thereafter, an election throughout 
this state, for governor and lieutenant-governor. 

Sec. 26. On the first Monday of August, in the year one 
F6r con- thousand eight hundred and thirty-one, and on the first Monday of 
fhe S is° n August, one thousand eight hundred and thirty-two, and on the 
Monday in first Monday of August, every second year thereafter, an election 
and>S2 and sna ^ °e held ^ or s0 man y representatives to congress, as this state 
biennially shall be entitled to at that time. 

Clerks f mi Sec * 2 ^ ' Nothing m this act shall be so construed* as to 
empowered authorize the clerks of the county commissioners' courts to reject 
^votes 601 me whole, or any part of the votes taken at any poll in pursuance 
of law. 

Sec 28. There shall be allowed out of the county treasury of 
?ion P to nSa ~ eacn count y to tn e several judges and clerks of election, such ccm- 



Aug. J 830 
And bien- 
nially 
thereafter 
for gen. 
assem. cf«c. 
And quad- 
rennially 
thereafter 
for gov. (Sf 
lt. gov. 



clerks and 
judges. 



pensation, not exceeding one dollar per day, as the county 
commissioners' courts shall deem proper to allow ; and to the 
person carrying the polls from the place of election to the 
clerk's office, the sum of five cents per mile, for going and 
returning. The county commissioners' courts shall also allow to 
the clerks of election such compensation as they shall deem just, 
for any stationery such clerk may furnish for the purposes of the 
election. 

Sec 29. In case any person, declared duly elected an elector 
*-..., ~of president and vice-president of the United States, shall fail to 

Electors of * r ' 

president, attend at the state-house, at the seat ol government ol this state, at 
jrc not at- or before the hour of 12 o'clock at noon, of the dav on which his 

tending to . . , , „ , , , X 1 i 

vote, vacan- vote is required to be given, it shall be the duty ot the eiector or 
cy be filled, electors of president, and vice-president, attending at that time and 
place, to appoint a person or persons to fill such vacancy : Pro- 
vided, That should the person, or persons, chosrn by the people 
as aforesaid, arrive at the place aforesaid, before the voles for pre- 
sident and vice-president are actually given, the person or persons 
appointed to fill such vacancy, shall not act as elector of president 
and vice-president. 

Sec 30. The act entitled an act regulating elections, approved, 
March 1, 1819 ; and the act to provide for a new election in case 
of vacancy in the office of governor, approved, February 26, 1819 ; 
and the act entitled an act regulating elections, approved, February 
3, 1821 ; the act entitled an act regulating elections, approved, 
January 3, 1823 ; and the act entitled an act Supplementary to the 
act regulating elections, approved, January 17, 1825, are hereby 



Proviso. 



Acts re 
pealed. 



Proviso. 



* Amended. Sec act of March 1, 1837, in relation to Co. Com. 



ELECTIONS. 271 

severally repealed. Provided, That nothing in this act contained 
shall be so construed as to interfere with the provisions of an act 
to provide for the election of justices o! the peace and constables, 
approved, December 30, 1826 ; but the elections of justice of 
the peace and constables shall, in all respects, not conflicting 
with the provisions of the last recited act, be conducted 
according to the provisions of this act ; nor shall any thing in this 
act contained, be so construed as to interfere with the provisions 
of an act concerning sheriffs and coroners, approved, February 

12, 1827. Elections 

Sec. 31. In all elections by the general assembly, or by either by the gen- 
house thereof, (elections of justices of the supreme court, and JJ£ assem ~ 
judges of inferior courts excepted,) the members shall vote viva 
voce, and their voles shall be entered upon the journals. Elections 
by joint vote of the two houses shall be made in the hall of the 
house of representatives, at such time as shall have been previously 
appointed by joint resolution of the two houses ; and at all such 
joint meetings the speaker of the house of representatives shall 
preside. Elections of justices of the supreme court and judges of 
inferior courts shall be made by joint ballot of both houses, in the 
hall of the house of representatives, the speaker of which shall 
appoint a member of each house to act as tellers. No person shall 
he declared duly elected by the general assembly, or either branch 
thereof, until he shall have received a majority of all the votes 
given, blank votes included. 

This act. to take effect on the first day of June next. 

Approved, Jan. 10, 1829. 



In force 

JIN ACT to amend an act, entitled, u An Act to regulate ^33' 28> 

Elections." 

Sec. 1. Be it enacted by the people of the State of Illinois, Candi- 
represented in the General Assembly, That when any candidate f^jf// e c s ^ 
shall desire to contest the validity of any election, or the right of test the ©a- 
any person declared duly elected, to hold and exercise the office an^eledion 
of sheriff, coroner, county commissioner, justice of the peace, or shall give 
constable, such candidate shall give notice of his intention, in ^fh^inien- 
writing, to the person whose election he intends to contest, or tion. 
leave a notice thereof at his usual place of residence, within thirty 
days after the day of election, expressing the points on which the 
same will be contested, the name of one of the justices of the 
peace, who will attend at the trial of such contest, the time, and 
the place, when and where the said trial will be holden ; which 
time shall not exceed sixty days from the day of election. And Mode of 
the person whose election is contested, shall, within five days after contesting 
receiving said notice, select another justice of the peace, to attend 
said trial : Provided, however, That should the party whose election 
is contested, refuse or neglect to select a justice as aforesaid, the 
justice chosen by the person contesting the election as aforesaid, 



212 



ELECTIONS. 



The jus- 
tices chosen 
as in the 
preceding 
section re- 
quired, 
shall decide 
said elec- 
tion. 



Shall give 
judgment 
for costs 
against the 
unsuccess- 
ful party. 
Appeals 
allowed. 

Parts of 
acts re-J 
pealed. 



shall make such selection, and the two justices so selected or 
chosen, shall make choice of a third justice ; and if they cannot 
agree upon a third justice to act with them, they shall make such 
selection by lot ; and the three justices thus selected, or either % of 
them, shall have power, and they are hereby authorized and re- 
quired, to issue subpenas and such other process as may be 
necessary to secure the attendance at such trial of all persons 
whose testimony may be required by either party, in the same 
manner as is provided in other cases of proceedings before justices 
of the peace. 

Sec 2. The said justices shall meet at the time and place 
appointed for the trial of said contest as aforesaid, and after hearing 
and examining the evidence offered by both of the parlies, they 
shall decide which of the said candidates shall have been duly 
elected, and certify the same to the clerk of the county com- 
missioners' court of the proper county, who shall thereupon 
make out and deliver to the successful party a certificate of his 
election. 

Sec 3. The said justices shall enter judgment against the 
unsuccessful party for all the costs of such contest. Either party 
may appeal from the decision of said justices to the circuit court 
as in other cases ; and the decision of the circuit court shall be 
final. 

Sec 4. The twenty-second section of the act td which this is 
an amendment, and the eighth section of an act to provide for the 
election of justices of the peace and constables, approved, Decem- 
ber 30, 1826 ; are hereby repealed. 

Approved, February 28, 1833. 



See " Justices of the Peace and Constables." 



In force 
Feb. 6, 
1835. 



AN ACT to amend an act, entitled " An act to amend an act 
entitled an act to provide for the Election of Justices of the Peace 
and Constables ," approved, January 7, 1835. 



Constables 
shall be 
elected in 
each Jus- 
tice's dis- 
trict. 



Sec 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That when any new Justice's 
district may be laid out by the county commissioners' court of 
any county in this State, as provided for in the act to which this 
is an amendment, Constables shall be elected in such new 
districts in the same manner that Constables are now elected in 
Justices districts. 

Sec 2. The Constables elected in said districts, shall be sub- 
ject to the provisions contained in the act contemplated in the 
second section of the act to which this is an amendment. 

Approved, Feb. 6, 1835. 



ELECTIONS. 273 

AN ACT to amend an act, entitled M A act to provide for the in force 
Election of Justices of the Peace and Constables." 1835. ' 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly. That die county com- County 

-T . , , t u • r 1 • c '1 1 commis- 

missioners courts in the several counties ot this state, be, and sioners a u* 
they are hereby authorized to increase the number of districts tjwHzed Jo 

~ J . * • r r • r 1 t» ' \ • ' increase the 

for the election oi Justices 01 the reaoe in their respective number of 
counties whenever they may deem the interest of the people re- Justices 

. j j ii districts in 

quire the same. their re- 

Sec 2. The Justices elected in said districts, shall be elected spective 
in the manner, and be subject to the provisions contained in the act Manner of 
to which this is an amendment. etection. 

Sec. 3. That so much of the act, to which this is an amend- 
ment, as limits the number of Justices' districts to eight in each pealed. 
county, be, and the same is hereby repealed. 

Approved, Jan. 7, 1835. 

NOTE. This and the preceding act are again inserted under the head of Justices 
of the Peace, tf°c< 



AN ACT to amend u An act regulating Elections.' in force 

Jan. 29, 
1835. 



"0 ——■"a 



commis- 
sioners' 
courts of 



Sec 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That the county commis- county 
sioners' courts of the several counties in this State, are hereby au- co 
thorized to divide their respective counties into as many election 
precincts, for all general and special elections, as they may think the several 
expedient for the convenience of the voters of said county, and to may^divide 
appoint as many sets of judges of elections, to receive votes at the the counties 
county seats, as they may think necessary. uonpre- 

Sec 2. Be it further enacted, That it shall be the duty of said cincts at 
court, if they shall think proper, to appoint some constable to attend p ^ su ^ e '_ 
each precinct, and preserve order during said elections ; and ihe point con- 
said constable shall have authority to call to his aid a sufficient f abl f j° aU 
number of citizens to suppress any riot, or other disorderly conduct tions. 
during said election, and there shall be paid to said constable, out Hls dut y' 
of the County Treasury, a sum not exceeding one dollar a day for Compensa- 
ted services. All laws coming within the purview of this act, are ^ sre . 
hereby repealed. pealed. 

This act to take effect from and after its passage. 

Approved, Jan. 29, 1835. 
35 



274 



ELECTIONS. 



In force 
7th Feb. 
1837. 



AN ACT making the clerks of the county Commissioners Courts 
and county treasurers, elective by the people. 



Clerks 
county 
corn's, 
courts elec- 
tive, and 
when elec- 
tions to be 
held, 

fr county 
treasurer. 
Term of 
service. 
To give 
bond. 



When elec- 
tion to be 
held. 



How vacan- 
cies filled. 



Contested 
elections. 



Papers fyc 
to be deliv- 
ered over. 

On refusal 
forfeiture 
and impris- 
onment. 

Proviso. 



Laws re- 
pealed. 

Proviso. 



Sec 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That an election shall be held 
on the first Monday in August next, and on the first Monday in 
August in the year one thousand eight hundred and thirty-nine, and 
on the first Monday in August, in every fourth year thereafter in 
each county in this Slate, for a clerk of the county commissioners 
court and county treasurer. The clerks and treasurer so elected, 
shall continue in office for four years, and until their successors 
shall be elected and qualified to office ; and previous to their enter- 
ing upon the duties of their respective offices, shall enter into 
bonds as is now required by law. Said securities to be approved 
by the county commissioners courts. 

Sec 2. The election provided for in this act, shall be held at 
the same places and conducted in all respects as is now provided 
for by the law regulating elections in relation to the election of 
county commissioners ; and vacancies shall be filled in the same 
manner, Provided, Said courts may appoint a clerk and treasurer 
pro tempore, whose time of service shall continue until a clerk or 
treasurer shall be elected and qualified as provided for in this act. 

Sec 3. In all contested elections of the before-mentioned 
officers, it shall be settled as provided in the act in relation to con- 
tested elections of sheriffs and coroners. 

Sec 4. Every clerk or treasurer who shall neglect, or refuse 
to deliver over to their successors in office all papers, books, 
moneys, in their possession, as well as all and every thing apper- 
taining to their respective offices, shall forfeit and pay any sum not 
exceeding five hundred dollars, and be imprisoned any time not 
exceeding thirty days, at the discretion of the court before whom 
such trial may be had, Provided, That if the county commissioners 
court on settlement with the county treasurer, shall find him in de- 
fault, they may remove said treasurer from office, and appoint one 
in his stead who shall continue in office until his successor shall be 
elected and qualified. 

Sec 5. All laws and parts of laws authorizing the county com- 
missioners courts to appoint clerks and county treasurers, be, and 
the same is hereby repealed, Provided, however, That the county 
commissioners court may for good cause to be spread of record 
remove their clerk and appoint another who shall continue in office 
until his successor be elected and qualified. 

Approved, 7th Feb., 1837. 



ENCLOSURES. 275 



ENCLOSURES. 



JIN ACT to regulate the enclosing and cultivating of common ^J^ ™ 

fields, 1819. 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, and it is hereby enacted by 
the authority of the same, That ihose who are or shall be proprie- 
tors or owners of land, in any field that is now occupied, used, and 
declared, or that shall hereafter be occupied, used, or declared to 
be a common field, may meet together, by themselves or agents, 
annually, on the first Monday in March, or such other days as they 
shall appoint, at some convenient place by them appointed, for the 
purpose of making such rules and regulations as to them shall seem 
meet for the well ordering of the affairs, of such field with respect 
to fencing and cultivation, and all other things necessary for the 
well managing the same, for the common interest of such proprie- 
tors ; in which meeting the proprietors of such field, shall have full 
power by their major vote, to be computed by interest, to order 
all such affairs and make such regulations, as they shall deem proper 
and expedient for the purpose aforesaid : Provided, always, That 
any person, who is a proprietor in any common field, may at any 
time hereafter, separate his, her, or their land, from such common 
field, by fencing the same, subject only to making and keeping in 
repair fences in like manner as persons having inclosures adjoining 
to the common fields, as by this law directed. 

Sec. 2. That better to enable them to carry on and manage the 
affairs of such field, they are hereby authorized and empowered to 
elect a chairman, clerk, and treasurer, who shall be sworn to the 
faithful discharge of their duties, respectively ; and the clerk shall 
enter and record all the acts, votes, and resolutions of the said 
proprietors rela'ing to the management of the said common fields ; 
and shall continue in his office until another shall be chosen and 
qualified to serve in his room ; and that the election of chairman, 
clerk, and treasurer, shall be annually, or otherwise as shall be de- 
termined by the said proprietors, or a majority of them in their 
lawful meetings assembled. 

Sec 3. That for the better management of their common fields, 
they shall choose a committee of three persons, which shall be 
styled "the field committee," who shall be sworn to a faithful 
discharge of their duties ; the said committee may call a meeting 
of the proprietors of such field, when they shall judge it needful, 
by giving warning to such of them as live in the town or village, 
verb -illy, where such fields lie, and to the agents, if any, of non- 
resident proprietors, ten days previous to the time of such meeting, 
or by warning such proprietors in such other manner as they shall, 
in their lawful meetings, agree upon. 

Sec. 4. That the proprietors of common fields are hereby au- 
thorized and empowered, at their lawful meetings, to grant and levy 
taxes on themselves, when they shall judge it needful, according to 
their several interests in such fields, for defraying the charges that 
may arise in setting out and designating the proportion of, or alter* 



276 ENCLOSURES. 

ing the fence of such fields, in making gates and bridges, or for any 
other public or common charge, relating to such fields ; and to 
appoint assessors and collectors for the making, apportioning, and 
collecting such taxes ; which collectors shall have the same power 
and authority, in every respect, as the collectors of county taxes ; 
which taxes, when collected, shall be paid into the hands of the 
treasurer, and shall be appropriated, by a majority of the proprie- 
tors for the common benefit. 

Sec. 5. That the field committee shall point out and designate 
the place where, and the proportion which, each proprietor shall 
erect of such common fence, and every proprietor in such common 
field shall duly erect and maintain his, her, or their proportion in 
such common fence, according to the directions of such commit- 
tee : Provided, such committee shall attend all orders, and comply 
with all regula'ions of the major part of the proprietors of such 
common field, for the improvement thereof, for the common benefit, 
under the penalties of such fines and forfeitures as shall be lawfully 
annexed to the breach or neglect of such orders or regulations. 

Sec 6. That any person or persons having his, her, or their 
part or proportion of common fence designated by the said field 
committee, shall have liberty, in order to make or repair the same, 
of passing over any person's lot or land whatsoever, whenever it 
shall be necessary, for the purpose aforesaid ; and when it shall so 
happen that the line of fence, ordered as aforesaid, for the inclosing, 
or securing any common field, shall run in upon, or intersect 
the fence of any person making a particular inclosure adjoining the 
common field, the one half of the division fence between such 
particular inclosure, and the common field as aforesaid, shall be 
made and maintained by the proprietors of such common field, 
and the other half by the owner of such particular inclosure ; and 
if any person or persons, whose land shall adjoin any such common 
field, shall neglect to keep in repair, and maintain his, her, or their 
part of such fence, after being requested thereto by the field com- 
mittee, in writing, under their hands, for the space of ten days, it 
shall be lawful for the said committee to repair the said fence, at 
the proper charges of the delinquent ; which expense, after being 
estimated by two reputable freeholders of the town or village 
wherein such fields are situated, may be recovered by action of 
debt, before any court having competent jurisdiction, together 
with costs. 

Sec 7. That if any person or persons, whose lands shall adjoin 
such common field, shall lay open the same, without giving two 
months notice thereof in writing, lodged with the clerk of such 
common field, such person or persons shall be liable to pay all 
damages that may accrue to the proprietors, or to any of them, of 
such common fields, to be recovered in any action of damages, 
before any court having competent jurisdiction. 

Sec 8. That all accounts for any services rendered any person 
acting under the appointment of, or by the direction of the major 
part of the proprietors of common fields, shall be paid out of the 
common treasury of such proprietors, after being audited by the 
field committee, except the accounts of such field committee, 
which last mentioned accounts shall be audited by a special com- 



ENCLOSURES. 277 

mittee ; and that all orders on the treasurer shall be signed by the 
chairman, and attested by the clerk ; and the collectors shall, for 
all or any moneys by them paid to the treasurer, demand duplicate 
receipts, one of which shall be held by the said collectors, and the 
other lodged with the clerk ; the treasurer shall also demand dupli- 
cate receipts for all moneys paid by him, on orders on the treas- 
ury, one of which receipts shall be holden by the treasurer, and 
the other lodged with the clerk. 

Sec. 9. That the proprietors of common fields shall have power, 
by their major votes, in lawful meetings assembled, to order all 
such fines and forfeitures, on either, or any of themselves, as to 
them shall seem reasonable, for carrying into effect any of their 
rules and regulations, for the common benefit of the said proprie- 
tors : Provided, nevertheless, That the penalty does not exceed the 
sum of five dollars, and that the person or persons thinking him- 
self or themselves to be unreasonably or oppressively fined, shall 
have the right to appeal from the judgment of said proprietors to 
the next circuit court, holden for said county : Provided, That 
notice of such appeal shall be given within ten days after the judg- 
ment be given by the said proprietors. 

Sec 10. That the said common field shall be inclosed with a 
good and sufficient fence, according to law, on or before the first 
day of May in each and every year, or such other day as the 
said proprietors may appoint, and no cattle, horses, or other ani- 
mals, shall be suffered to be put into such fields, for the purpose 
of depasturing therein, between the first day of May and the fif- 
teenth day of November, in each and every year, or on such other 
day and time as the proprietors may agree upon, under the penalty 
of paying such fines as shall be ordered by the said proprietors, in 
lawful meeting assembled. 

Approved, Feb. 23, 1819, 



JIN JICT regulating Inclosurcs. in force 

Feb. 20, 



1819, 



Be it enacted by the people of the State of Illinois, represented in 
the General Assembly, and it is hereby enacted by the authority of 
the same, For the better ascertaining and regulating of partition Partition 
fences, it is hereby directed, that when any neighbors shall i m prove f ences - 
lands adjacent to each other, or when any person shall inclose any 
land adjoining to another's land already fenced, so that any part of 
the first person's fence becomes the partition fence between them, 
in both these cases the charge of such division fence, (so far as 
inclosed on both sides,) shall be equally borne and maintained by 
both parties to which, and other ends in this law mentioned, the 
county commissioners, yearly, and every year in the term next af- 
ter the month of January, shall nominate, and are hereby required 
to nominate and appoint three honest, able men, for each township, 
who being duly sworn to the faithful discharge of the duties of their 
appointment, shall proceed, at the request of any person or per* 



218 ENCLOSURES. 

sons feeling him or themselves aggrieved, to view all such fence 
and fences, about which any difference may happen or arise ; and 
the aforesaid persons, or any two of them, in each township re- 
spectively, shall be the sole judges of the charge to be borne by 
the delinquent, or by both or either parly, and of the sufficiency of 
all fences, wheiher partition fences or others ; and when they shall 
judge any fence to be insufficient, ihey shall give notice thereof to 
the owners or possessors, and if any one of the owners or pos- 
sessors, upon request of the other, and due notice given by the 
said viewers, shall refuse or neglect to make or repair the said 
fence or fences, or to pay the moiety of the charges of any fence 
before made, being the division or common fence, within twenty 
days after notice given, then, upon proof thereof before two jus- 
tices of the peace of the respective county, it shall be lawful for 
the said justices to order the person aggrieved and suffering there- 
by, to make or repair the said fence or fences, who shall be reim- 
bursed his costs and charges from the person so refusing or neglect- 
ing to make or repair the partition fence or fences aforesaid, or to 
order the delinquent to pay the moiety cf the charge of the fence 
before made, being a division or common fence, as the case may 
be ; and if the delinquent shall neglect or refuse to pay the party 
injured the moiety of the charge of any fence before made, or to 
reimburse the costs and charges of making or repairing the said 
fence or fences, under the order aforesaid, then the same shall be 
levied upon the delinquent's goods and chattels, under warrant from 
a justice of the peace, by distress and sale thereof, the overplus, if 
any, to be returned to the said delinquent : Provided, That nothing 
herein contained shall be intended to prevent or debar any person 
or persons from inclosing his or their grounds, in manner they please, 
with sufficient walls or fences of timber, other than those hereto- 
fore mentioned, or by dikes, hedges, and ditches, all such walls 
and fences to be in height at least five feet from the ground ; and 
all dikes to be at least three feet in height from the bottom of the 
ditch, and planted and set with thorn, and other quickset, so that 
such inclosures shall fully answ r er and secure the several purposes 
meant to be answered and secured by this law : Provided, also, 
That such walls or fences of timber, other than those heretofore 
mentioned, and dykes, hedges, and ditches, shall be subject to all 
provisions, inspections, and restrictions, to which, by this law, any 
other inclosure or fence is made liable according to the true intent 



and meaning hereof. 



Approved, Feb. 20, 1819. 



In force &N ACT to amend " An act regulating Enclosures.'' 1 

Jan. 27, 

Section 1. Be it enacted by the people of the State of Illinois, 

Owners of represented in the, General Assembly, That if any horse, mare, 

b nim ici ls <r § e ^' n §> co ^' mu ^ e or ass ' sheep, lamb, goat, kid, bull, cow, heifer, 

steer or calf, or any hog, shoat or pig, shall break into any per- 



ESCHEATS. 279 

son's enclosure, the fence being good and sufficient, the owner o[^wfvil 
such animal or animals, shall be liable in an action of trespass, to y or dcma- 
make good all damages to the owner or occupier of the enclosures, S es - 
for the first offence single damages only, and ever afterwards dou- 
ble the damages sustained. 

Sec. 2. Be it further enacted, That the condition of the fence s-uMdevaj 
at the time the trespass was committed, may be proven upon trial, of fence to 
and that complaint made by the party injured before any justice of JJ53J" 
the peace of the county wherein such trespass shall be made, such 
justice is hereby authorized and required to issue a summons with- 
out delay to three respectable householders of the neighborhood, 
no ways related to either of the parties, nor interested concerning 
the trespass, reciting the complaint and requiring them to view the 
fence where the trespass is complained of, and their testimony, in 
such case, shall be good evidence touching the sufficiency of the 
fence. 

Sec 3. Be it further enacted, That if any person injured fcr p erS ons 
want of such sufficient fence, shall hurt, wound, kill, lame or de- injuring 
stroy, or shall cause to be hurt, wounded, killed, lamed or destroy- SJ? S ' 
ed, by shooting, hunting with dogs or otherwise, any of the afore- 
said animals, he or she so offending, shall satisfy or pay the owner 
of the same, the damages with costs, recoverable as aforesaid : 
Provided, That if the party liable to damages as aforesaid, in either pr \ 
case, will abide and pay what may be deemed reasonable by three 
neighbors, indifferently chosen to assess the same, it shall be a bar 
against such suit. 

Sec 4. Be it further enacted, That all animals trespassing, the 
owners of the same (if known) shall be notified thereof, and if they ^notified. 
shall refuse to secure the said animals and prevent their trespassing, 
the persons on whom the trespass was committed, shall be au- 
thorized to secure the same, supplying the aforesaid animals with 
provender and water, for which they shall receive a compensation 
from said owner : Provided, That if said animals shall receive any 
abuse or damage from said persons, they shall be barred from any 
compensation for the aforesaid services. 

Sec 5. Be it further enacted, That the first and second sec- Parts of 
tions of the act to which this is an amendment, be, and the same^ 07 *""; 7 "?^ 

... 1 1 repealed. 

are hereby repealed. 

This act to be in force after its passage. 

Approved, January 27, 1835. 



ESCHEATS. 



JIN ACT regulating Escheats. In force 

° March 1, 

1833. 

Sec 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That if any person shall die dSgtoith- 
seized of any real or personal estate, without any devise thereof, out heirs, 
and leaving no heirs or representatives capable of inheriting the iheiT lands 



280 



ESCHEATS. 



to rest in 
the state. 



Duty of 
attorney 
general o 
state's at- 
torney in 
relation to 
escheats. 



Informa- 
tion to be 
filed. 



Scire 
facias* 



same, or the devisees thereof be incapable of holding the same, and 
in all cases where there is no owner of real estate capable of hold- 
ing the same, such estate shall escheat to, and vest in the state. 

Sec 2. That when the attorney general or any state's attorney 
shall be informed, or have reason to believe that any real estate 
within his district, hath escheated to the state, by reason that any 
person hath died seized thereof, without devising the same, and 
leaving no heir capable of inheriting the same, or by reason of the 
incapacity of the devisee to hold the same, and such estate shall 
not have been sold according to law within five years after the 
death of the person last seized, for the payment of the debts of the 
deceased, or when he shall be informed, or has cause to believe 
that any such estate within his district, hath otherwise escheated to 
the state, it shall be his duty to file an information in behalf of the 
state, in the circuit court of the county in which such estate is 
situate, setting forth a description of the estate, the name of the 
person last lawfully seized, the names of the terre tenants and per- 
sons claiming such estate, if known, and the facts and circum- 
stances, in consequence of which such estate is claimed to have 
escheated, and alledging that by reason thereof, the state of Illinois 
hath right by law to such estate : Whereupon such court shall 
award and issue a scire facias against such person or persons, 
bodies politic or corporate, as shall be alledged in such information, 
to hold, possess, or claim such estate, requiring them to appear and 
shew cause why such estate should not be vested in the state, at 
the next term of such court, which scire facias shall be served at 
least fifteen days before the return day thereof; and the court shall, 
moreover, make an order, setting forth briefly the contents of such 
information, and requiring all persons interested in the estate, to 
appear and shew cause, if any they have, at the next term of the 
said court, why the same should not be vested in the state : which 
order shall be published for six weeks successively, in some news- 
paper printed in this state, and in or nearest to the county in which 
such proceeding is had ; the last insertion to be at least two weeks 
before the commencement of the term at which the parties are re- 
quired to appear. 

Sue. 3. That all persons, bodies politic, and corporate named 

. in such information as terre-tenants, or claimants to the estate, may 

appear and plead to such proceedings, and may traverse or deny 



the title of the state to the lands 



Persons 
named in 
such in for 
mation 

and 'plead' the f ' acts stated in lhe information 

and tenements therein mentioned, at any time, on or before the 
third day of the return of such scire facias, and any other person 
claiming an interest in such estate, may appear and be made a 
defendant, and plead as aforesaid, by motion for that purpose, in 
open court, within the time allowed for pleading as aforesaid ; and 
wnlhall 1 ' '^ no P erson sna ^ appear and plead, or appearing shall refuse to 
appear. plead within the time, then judgment shall be rendered, that the 
state be seized of the lands and tenements in such information 
claimed, but if any person shall appear, and deny the title set up 
by the state, or travels any material facts in the information, an 
issue or issues shall be made up and tried, as other issues of fact, 
and a survey may be ordered and entered as in other actions, 
where the title or boundary of lands are drawn in question ; and if, 



ESCHEATS, 281 

after the issues are tried, it shall appear from the facts found or 
admitted that the state haih good title to the lands and tenements 
in the information mentioned, or any part thereof, judgment shall 
be rendered, that the state be seized thereof, and recover cost of 
suit against the defendant. 

Sec. 4. That when any judgment shall be rendered, that the Judgment 
state be seized of any land, tenements, or hereditaments, such s , hal1 C01 }~ , 

. , ... . J ' . . . . c . ' . tain a fall 

judgment shall contain a certain description 01 such estate, and description 
shall be effectual for vesting the title in the state ; and a writ shall ^ //l< ^ s " 
be issued, directed to the sheriff of the same county, commanding shall vest 
him to seize and take ihe lands, tenements, and hereditaments so ^ e ^j e in 

i/iG state 

vested in the state, into his hands, and upon the return of such writ 
of seizure, the attorney general, or state's attorney prosecuting such 
information, shall cause the record and process to be exemplified 
under the seal of the court, and deposit the same in the office of 
the auditor of public accounts, and shall also cause a transcript of 
the judgment to be recorded in the office of the recorder of the 
county in which the land lies ; and such judgment shall preclude 
all parties and privies thereto, their heirs and assigns, so long as 
such judgment shall remain in force. 

Sec 5. That any party who shall have appeared to any pro- Avveais 
ceeding as aforesaid, and the attorney general or state's attorney, andvmts 
on behall of the state, shall respectively have the same right to °J error - 
prosecute an appeal, or writ of error upon any judgment as afore- 
said, as parties in other cases. 

Sec 6. That the auditor of public accounts shall keep just and Auditor 
true accounts of all moneys paid into the treasury, and of all lands s/ "* w keep 
vested in the state as aforesaid; and if any person shall appear of moneys 
within ten years after the death of the intestate, and claim any paid into 
money paid into the treasury as aforesaid, as heir or legal repre* u^amiof 
sentative^ such person may file a petition to the circuit court, as a all lands 
court of chancery for the county in which the seat of government ^ s J%aie. 
may be, stating the nature of his claim, and praying such money 
may be paid to him, a copy of which petition shall be served upon 
the attorney, who shall put in an answer to the same, and the court 
shall thereupon examine the said claim, and the allegations and 
proofs, and if they shall find that such person is entitled to any 
money paid into the treasury, such court shall, by an order, direct 
the auditor of public accounts to issue his warrant on the treasurer 
for the payment of the same, but without interest or costs ; a copy 
of which order, under the seal of the court, shall be a sufficient 
voucher for the issuing such warrant. And if any person shall ap- p ersons 
pear and claim any lands vested in the state, as aforesaid, within claiming 
five years after the judgment was rendered, it shall be lawful for^ w w " 
such person (other than such as were served with a scire facias years after 
or appeared to the proceeding their heirs or assigns,) to file his JU gmen ' 
petition in the circuit court, (as a court of chancery,) of the coun- 
ty in which the lands claimed lie, setting forth the nature of his 
claim, and praying that the said lands may be relinquished to him, 
a copy of which petition shall be served on the attorney general, 
or state's attorney of the district, who shall put in an answer, and 
the court thereupon [shall] examine said claim, and the allegations 
and proofs ; and if it shall appear that such person is entitled to the 
36 



282 ESTRAYS. 

lands claimed, the court shall decree accordingly ; which shall be 
effectual for divesting the interest of the state in or to the lands ; 
but no costs shall be adjudged against the state ; and all persons 
who shall fail to appear and file their petitions within the times 
limited aforesaid, snail be forever barred ; saving however to in- 
fants, married woman, and persons of unsound mind, or persons 
Persons beyond the limits of the United States, the right to appear and file 
MiUes dlSa ' ^ eiY P et i tlons as aforesaid, at any time within five years, after 
their respective disabilities are removed : Provided, however, 
that the general assembly may cause such lands to be sold at 
any time after seizure, in such manner as may be provided by 
law. In which case the claimants shall be entitled to the pro- 
ceeds in lieu of the land, upon obtaining a decree or order as 
aforesaid. 

Approved, March 1, 1833. 



^/°™ e AN ACT concerning Estrays. 

1835. 

Sec. t. Be it enacted by the people of the State of Illinois, 

represented in the General Assembly, That every person who shall 

„ . . take up anv estray horse, mare or colt, mule or ass, shall, within 
Duty of i r i i • \ c • • r i c l 

person tak- ten days, take the same before some justice ot the peace ot the 

ingupes- CO unty where such estray shall be taken tip, and make oath before 
such justice, that the same was taken up at his or her plantation, or 
place of residence in said county, and that the marks or brands 
have not been altered since the taking up. The said justice shall 
then issue his warrant to three disinterested housekeepers in the 
neighborhood, unless they can otherwise be had, causing them to 
come before him to appraise said estray, after they or any two of 
them being sworn to appraise such estray, without partiality, favor 
or affection, which appraisement, together with the marks, brands, 
stature, color, and age of such horse, mare or colt, mule or ass, 
shall be entered in a book to be kept by such justice, and certified 
under his hand, -and transmitted to the clerk of the county commis- 
sioners' court of such county, within fifteen days after the same is 
taken up ; and any person who shall take up any head of neat cattle, 
sheep, hog or goat, shall cause the same to be viewed by some 
housekeeper of the county where the same shall happen, and shall 
immediately go with such housekeeper before a justice of the coun- 
ty, and make oath before him as is required in taking up an estray 
horse, mare or colt, mule or ass, and then such justice shall take 
from such housekeeper, upon oath, a particular description of the 
marks, brands, color, and age of every such neat cattle, sheep, hog 
or goat, and said justice shall cause the said estrays to be appraised, 
in like manner, as is required to be done in case of a horse, mare 
or colt, -mule or ass ; which description and valuation shall be en- 
tered by such justice in a book to be kept by him as aforesaid, and 
by such justice transmitted to the clerk of the county commission- 
ers' court of the county, to be by him kept as before directed : 



ESTRAYS. 283 

Provided, That in all cases where the value of such neat cattle, 
sheep, goat or hog, does not exceed five dollars, said justice shall 
not be required to make a return to the clerk as aforesaid ; but 
shall enter in his estray book the description and appraisement value 
of such sheep, hog or goat, and advertise the same in three of the 
most public places in his neighborhood ; and every such clerk shall 
cause a copy of such description and valuation of every neat cat- 
tle, sheep, hog and goat, to be publicly affixed at the court house 
door of his county, within five days after the same shall be trans- 
mitted to him as aforesaid, for which he shall receive the same fee 
as for entering the same in a book : Provided, That if two or 
more esirays, of the same species, are taken up by the same per- 
son, at the same time, they shall be included in one entry and one 
advertisement, and in such case, such justice and clerk shall re- 
ceive no more pay than for one of such species : Provided, also, 
that no person shall be allowed hereafter to take up and post any 
head of neat cattle, sheep, hog or goat, between the month of 
April and the first day of November, unless the same may be found 
in the lawful fence or inclosure of the taker up, having broken in 
the same ; and for a reward of taking tip, there shall be paid by 
the owner, one dollar for every horse, mare or colt, mule or ass ; 
and for every head of neat cattle, fifty cents ; and for every hog, 
sheep or goat, twenty-five cents, together with all reasonable 
charges. 

Sec. 2. It shall be the duty of the clerk of the county commis- Duty of 
sioners' court, when the description and valuation of any estray S^* 
horse, mare or colt, mule or ass, shall be transmitted to him by the 
justice as aforesaid, and in ten clays thereafter, make out a copy 
thereof, and transmit the same to the public printer of the State, 
and endorse thereon, 4 ' Estray papers," together with the sum of 
one dollar, to pay the said printer ; which sum the taker up is re- 
quired to deposite with the clerk prior to the expiration of said ten 
days. It shall be the duty of the public printer to publish said ad- 
vertisement, and transmit one copy of each number of his paper 
to each of the clerks of the county commissioners' court of the 
several counties of this State, free of charge, which shall be regu- 
larly filed by said clerks in their respective offices for the examin- 
ation of those who may desire it. 

Sec 3. And if no owner appears and proves his property within ° a ^ r to 
one year after such publication, the property shall be vested in the'appear 
taker up : nevertheless, the former owner mav, at any time there* within one 

« , r • , . i i • J on e year, 

after, by proving his property, recover the valuation money, upon property 
payment of costs and all reasonable charges. Taker™ 

Sec. 4. And if any person shall trade, sell, or lake away any Penalty for- 
such estray or estrays out of the State, for any purpose whatever, filing es- 

i r . •• r • t i i /r \- trays out of 

before the expiration ot said one year, he or she so oliending, the state. 
shall be liable to indictment in the circuit court of the proper 
county, and on conviction thereof, shall be fined in a sum double 
the value of the property, one half to the owner thereof, and the 
other half to the county treasury ; and when the owner of any 
estray head of neat cattle, sheep, hog or goat, does not prove his 
property within twelve months after the same has been published 
at the door of the court house as aforesaid, and when the valuation 



384 ESTRAYS. 

does not exceed five dollars, the property shall be vested in the 
taker up ; but when the valuation shall exceed five dollars, and no 
owner appears within the time aforesaid, the property shall also be 
vested in the taker up ; nevertheless, the former owner may, at 
any time, by proving his property, recover the valuation thereof, 
upon payment of all reasonable costs and charges ; and if the taker 
up and the owner cannot agree upon the charges, they shall call 
upon three disinterested householders, whose decision shall be 
binding on both parties ; and it shall not be lawful for any person 
Persons to ta ^e up any estray, (except such as shall be hereinafter ex- 
takingup cepted,) unless he shall be a freeholder or a housekeeper. Any 
ThaiUe person finding an estray horse, mare or colt, running at large 
household- without any of the settlements of this State, may take up the same, 
Unless an d shall immediately take such estray or eslrays before the nearest 
found with- justice of the peace, and make oath that he has not altered the 
°UemenL e ' marks or brands of such estray, since taking up ; and if such taker 
up shall be a freeholder or housekeeper within that county, it may, 
and shall be lawful for him, to post such estray or estrays as here- 
inbefore directed in this act, as if the same had been taken up on 
his plantation or place of residence ; and when the taker up shall 
not be qualified as aforesaid, he shall take the oath before required, 
# and deliver such estray or estrays, to the said justice, who shall 
cause the same to be dealt with as directed by this act ; but if no 
owner appears to prove his property within one year, such estray 
Shallbe or estrays shall be sold to the highest bidder giving public notice 
sold and f sucn sa j e twent y jays previous thereto, the purchaser giving a 
bond and approved security, payable to the county commissioners' 
Charges of court of the county where such estray shall be taken up, and after 
fepaid^ut P a 3'^g tfle ta ker up all reasonable charges, the balance shall be put 
of the pro- into the county treasury by the said justice, who shall take a re- 
Waiavce cei P l ^ 0r tne SHme from tne county treasurer ; nevertheless, the 
paid into former owner, at any time within two years after taking up, by 
%\asury! proving his property before the clerk of the county commissioners' 
court of said county, or before the justice of the peace before 
whom the property was taken up, and obtaining a certificate thereof 
from the clerk of said court or justice of the peace, to the treasurer 
shall receive the balance aforesaid. 
Penalty for Sec. £■ And w h'en ^f justice of the peace shall fail to pay any 
justice not money for any estray or estrays to be sold agreeably to this act, 
mer n fuch mio tne county treasury, within three months after selling such 
balance. estray or estrays, such justice shall forfeit and pay the sum of 
twenty dollars, with costs, to be recovered by action of debt, 
before any justice of the peace of the county, or other court having 
jurisdiction thereof, the one half for the use of the county, and 
the other half for the use of any person suing for the same ; and 
moreover, be liable to pay the price of such estray or estrays, with 
interest thereon. 
Taker up Sec, 6. If any estray or estrays, taken up as aforesaid, shall 
not liable die or get away before the owner shall claim his or her right, the 
Penaityfor taker up shall not be liable for the same ; and if any person shall 
persons take up any estray or estrays, at any other place within ihe inhab- 
oiher^han ' te ^ P arts °f tn ' s State than his or her plantation or place of resi- 
on their dence, or without being qualified as required by this act, he shall 



ESTRAYS. 285 

forfeit and pay the sum often dollars, with costs, recoverable ownpianta- 

before any justice of the peace of the county where the ofience 

shall have been committed, and not having property sufficient to ^ow recov- 

pay such fine, he shall be liable to be confined one month in the 

jail of the county where he may be found, being found guilty of 

such offence according to law ; and any person taking up any 

estray or estrays out of the limits of the settlements of this State, 

and failing to comply with the requisitions of this act, shall be liable 

to the same penalties ; and if any person, taking up any estray or 

estrays, of any species, fails to comply with the requisitions of this 

act, he shall, for every such offence, forfeit and pay to the in- 

former, the sum of ten dollars, with costs, recoverable before any 

justice of the county where such offence shall be committed ; one 

half to the use of the county, and the other half to the use of the 

person suing for the same. 

Sec. 7. That if any person or persons shall hereafter stop, or Duty of 
take up any keel or flat boat, ferry flat, batteau, perogue, canoe, of water 
or other vessel or water craft, or raft of timber, or plank, found craft, 
adrift on any water course within the limits, or upon the borders 
of this Slate, and the same shallbe of the value of five dollars or 
upwards, it shall be the duty of such person or persons, within five 
days thereafter, (provided the same shall not before that time be 
proven and restored to the owner,) to go before some justice of 
the peace of the proper county, and make affidavit in writing, 
setting forth the exact description of such vessel or craft, when 
and where the same was found, whether any, and if so, what cargo 
was found on board, and that the same has not been altered or de- 
faced, either in whole or in part, since the taking up, either by 
him, her or them, or by any other person or persons, to his, her 
or their knowledge ; and the said justice shall thereupon issue his 
warrant, directed to some constable of his county, commanding 
him forthwith, to summon three respectable householders of the 
neighborhood, if they cannot otherwise be had, whose duty it shall 
be, after being sworn by said justice, to proceed without delay, to 
examine and appraise such boat or vessel, and cargo, if any, and 
make report thereof, under their hands and seals, to the justice is- 
suing such warrant, who shall enter such appraisement, together 
with the affidavit of the taker up, at large in his estray book ; and 
it shall be the further duty of said justice, within ten days after the 
said proceedings shall have been entered in his estray book as 
aforesaid, to transmit a certified copy thereof to the clerk of the 
county commissioners' court of his county, to be by him recorded 
in his estray book, and filed in his office. 

Sec 8. In all cases where the appraisement of such boat or Where the 
water craft, including her cargo, shall not exceed the sum of twentv va J u ^ there : 

' o o ' _ w j 0T qocs not 

dollars, the taker up shall advertise the same on the door of the exceed 
court house, and in three of the most public places in the county, /w ^ nt V doU 
within ten days after the justice's said certificate shall have been 
entered on the records of the county commissioners' court, and if 
-.no person shall appear to prove and claim such boat or water craft, 
within six months from the time of taking up as aforesaid, the pro- Y heTe u 
perty in the same shall vest in the taker up ; but if the value twenty doi- 
thereof shall exceed the sum of twenty dollars, it shall be the duty l ^ s - 



286 ESTRAYS. 

of the clerk of the county commissioners' court, within twenty 
days from the time of the reception of the justice's said certificate 
at his office, to cause an advertisement to be set up on the door of 
the court house, and also a notice thereof to be sent to the public 
printer as aforesaid, who shall publish the same as aforesaid ; and 
if the said vessel be not claimed and proven within six months 
from said advertisement, the same shall be vested in the taker up ; 
nevertheless, the former owner may, at any time thereafter, re- 
cover the valuation money by proving his property, allowing to the 
taker up a reasonable compensation for his trouble, and costs and 
charges. 
Fees of the Sec. 9. In all cases where services shall be performed by any 
officers in officers or other person or persons under this act, the following 
estray cases f ees or compensation shall be allowed, to wit : To the justice of 
the peace for administering oath to the taker up or finder, making 
an entry thereof, with the report of the appraisers, and making and 
transmitting a certificate thereof to the clerk of the county com- 
missioners' court, fifty cents ; to the clerk or justice for taking 
proof of the ownership of, and granting a certificate of the same, 
twenty-five cents ; for registering each certificate transmitted to him 
by any justice as aforesaid, twelve and a half cents ; for advertise- 
ments, including the newspaper publications, fifty cents in addition 
to the cost of such publication ; to the constable for each warrant 
so served on appraisers, twenty-five cents ; and to each appraiser 
the sum of twenty -five cents ; which said fees shall be paid by the 
taker up to the person entitled thereto, whenever said services shall 
be rendered. All which costs and charges shall be reimbursed to 
the taker up or finder, in all cases where restitution of the property 
shall be made to the owner, in addition to the reward to which 
such person may be entitled for taking up as aforesaid. 

Sec. 10. If any person shall act contrary to the duties enjoined 
by this act, for which no penalty is herein before pointed out, the 
person so offending shall, on conviction thereof, forfeit and pay for 
every such offence, not less than five nor more than one hundred 
dollars, to be sued for in the name of the proper county, before 
any justice of the peace or other court having cognizance thereof. 
Adre- Sec. 11. The following acts, viz: tC An act concerning water 

pealed. cra ft s found adrift, lost goods, and estray animals," approved, Jan. 
31st, 1827 ; and " An act to amend an act concerning water crafts 
found adrift, lost goods, and estray animals," approved, January 
22d, 1829; and also, "An act to amend an act entitled an act 
concerning water crafts found adrift, lost goods, and estray animals," 
approved, February 14, 1831, be, and the same are hereby re- 
pealed ; but rights acquired and liabilities incurred under the acts 
hereby repealed, are not affected or impaired by this act. 

Approved, Feb. 9, 1835. 



EVIDENCE. 287 

EVIDENCE.* 

• Jti forcp 

Jl$*. ACT declaring what shall be Evidence in certain cases. j a ' nt 10j 

1S27. 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That the printed statute books The printed 
of this state and of the late territories of Illinois and Indiana, prin- s J^^ m 
ted under the authority of said state and territories, shall be evi- 
dence in all courts and places of the private acts therein contained. 

Sec 2. The printed statute books of the several states and ter- aj s0 t j wse 
ritories of the United States, purporting to be printed under the°f tfl f 
authority of those states and territories, shall be evidence in all 
courts and places, of the legislative acts of those states and terri- 
tories respectively. 

Sec 3. Copies of the proceedings and judgments before jus- Copies of 
tices of the peace, certified by the justice or justices under his or &,, ?s before 
their hands or seals, before whom such proceeding or judgment \sJ" slices °f 
had, shall be received as evidence of such proceeding or judgment. epeace - 
Where such certified copy is to be used as evidence in any county 
other than that in which the justice or justices so certifying shall re- 
side, the same shall not be received as evidence, unless a certificate 
from the clerk of the county commissioners' court, (with the seal 
of the court,) shall he annexed thereto, certifying that on the day 
on which such proceeding was had, or judgment rendered, such 
justice so granting the same, was a justice of the peace, duly com- 
missioned and sworn. 

Sec. 4. The official certificate of any register or receiver of Official 
any land office of the United States, to any fact or matter on re- JJSwct? 1 
cord in his office, shall be received in evidence in any court in dence. 
this state, and shall be competent to prove the fact so certified. 
The certificate of any such register of the entry or purchase of 
any tract of land within his district, shall be deemed and taken to 
be evidence of title in the party who made such entry or pur- 
chase, or his heirs, or assigns, and shall enable such party, his 
heirs, or assigns, to recover the possession, of the land described 
in such certificate, in any action of ejectment or forcible entry 
and detainer, unless a better legal and paramount title be exhibited 
for the same. 

Sec 5. An exemplification by the secretary of this state of °f secrete- 

ii r i i i • i-ii , ry of state, 

the laws ol the other states and territories, which have been, or 
shall hereafter be transmitted by order of the executive or legisla- 
tures of such other states or territories, to the governor of this 
state, and by him deposited in the office of said secretary, shall be 
admissible as evidence in any court of this slate. 

Sec 6. Every justice of the peace hereafter to be sworn into Ofcommis- 
office, shall take the oaths required by law, before the clerk of the s j on f rs ' A 
commissioners' court of the proper county, who is hereby author- evidence. 
ized to administer the same, and who shall certify the same upon 
the commission. The said clerk shall keep a book in which he 
shall enter the name of every justice of the peace sworn into of- 

* See title " Advertisements." 



288 FEES. 

fice by him, together with the date of his commission, and the 
time when he was sworn into office ; resignations of the office of 
justice of the peace shall be made to the clerk of the commission- 
ers' court of the proper county, who shall immediately enter the 
date of every such resignation in the book above provided for ; 
which book, or a certified copy of an entry in the same, shall 
be received as evidence in all courts within this state. 

Sec 7. The act entitled, "An act rendering authentic as evi- 
dence in the courts of this state, the public acts, records, and ju- 
dicial proceedings of the courts in the United States," approved, 
February 20, 1819 ; and the act entitled u An act relating to evi- 
dence in courts of justice," approved, January 28, 1823, are 
hereby repealed. 

Approved, Jan. 10, 1827. 



FEES. 

«/2JV J1CT regulating the Salaries, Fees, and Compensation of 
the several officers and persons therein mentioned. 

Sec. 1. Be it enacted by the people of the State of Illinois, re- 
presented in the General Assembly, That the salaries, fees, and 
compensation of the several officers and persons hereinafter men- 
tioned, are established as follows, to wit : 

Salaries. SALARIES, &C, 

To the governor, per annum, $1000 

The secretary of stale, exclusive of fees, per annum, 600 
The auditor of public accounts, inclusive of clerk hire, 

per annum, 1200 

The state treasurer, inclusive of clerk hire, per annum, 800 
The chief justice and each of the associate justices of 

the supreme court, respectively, per annum, 800 

The attorney general, per annum, 350 

Each circuit attorney, per annum^ 250 

The adjutant general, per annum, 100 

All of which salaries shall be paid to the persons entitled 

thereto, in quarter yearly instalments, on the warrant 

of the auditor, out of any moneys in the treasury not 

otherwise appropriated. 
Compensa- Sec 2. Compensation of the members of assembly, 

twn to o ■* 

members, QIC. 

<Src. of the There shall be allowed to the speaker of the senate and 
f&mbly. house of representatives, respectively, at the present 

session, per day, 4 

To each member of the senate and house of representa- 
tives, at the present session, per day, 3 



FEES. 

To each speaker and member, in addition for every 
twenty miles' travel in going to, and returning from the 
place of session, 3 

To the secretary of the senate, and principal clerk of 

the house of representatives, respectively, per day, 5 

To the enrolling and engrossing clerks of the senate and 

house of representatives, respectively, per day, 4 

To the door keeper of the senate and house of represen- 
tatives, respectively, per day, 3 
And the said compensation, when due to the officers 
and members of the senate as aforesaid, shall be certi- 
fied by the secretary thereof, with the exception of his 
own compensation, which shall be certified by the speak- 
er ; and the compensation that may be due to the offi- 
cers and members of the house of representatives, shall 
be certified by the principal clerk thereof, and that of the 
clerk, by the speaker ; which said certificates, when 
made out as aforesaid, shall be sufficient evidence to the 
auditor of each person's claim, respectively, who shall 
issue his warrant on the treasury for the amount to 
which such person shall be entitled as aforesaid, to be 
paid out of any moneys in the treasury not otherwise 
appropriated. 

Incidental Expenses, &c. 

Sec. 3. The incidental expenses of the offices of the 
auditor of public accounts, state treasurer, and secretary 
of state, shall include postage on all public papers sent 
to or from said offices relative to the business thereof 
furniture for the same, the necessary fuel, and all such 
books, blanks, and other stationery as shall be consider- 
ed necessary for the convenient transaction of business 
in said departments respectively. 

Sec 4. For the purpose of defraying the incidental 
expenses aforesaid, it shall be the duty of said officers 
respectively, from time to time, as said expenses maybe 
incurred, to lay proper vouchers for the same before the 
governor, whose duly it shall be, if such accounts shall 
appear to be reasonable, to allow the same, and to cer- 
tify the amount thereof to the auditor, who shall there- 
upon be required to issue his warrant for the same, to 
the person entitled thereto ; to be paid out of any moneys 
in the treasury not otherwise appropriated. 

Secretary of State's Fees, 

Sec 5. There shall be allowed to the secretary of 
state, in addition to his salary, the following fees, to wit : 
For copies or exemplification of records, for every 

seventy -two words, 15 

Affixing state seal, with certificate of authentication, 1 00 

Copy of any law, for every seventy-two words, 15 

37 



290 FEES. 

Official certificate without seal, when not required for 

public use, 25 

Provided, That he shall in no case be entitled to any fees 
whatever, when any services are performed for the 
state, in discharge of the duties of his office. 

Judge of Probate's Fees. 

Taking proof of a last will or testament, 50 

Endorsing certificates of probate thereon, \%\ 
Recording last will and testament, for every seventy-two 

words, 15 
Issuing letters testamentary or of administration, affixing 

seal thereto, and recording the same, 1 50 

Taking bond of the executor or administrator, 75 

Administering oath to each executor or administrator, 12| 

For each citation, 25 
Taking and filing renunciation of the widow or next of 

kin, 25 

Taking proof of a codicil, proved separately, 50 

Endorsing certificate of probate on codicil, 12J 

Rocording the same, for every seventy-two words, 15 
Examining and approving each inventory, sale bill, or 

account current, filed by executors or administrators, 50 
Entering the settlement of executors or administrators 

on the order book, 75 
Act of Jan. Each copy of the settlement of executors or administra- 
23i 1829. tors, with certificate and seal, 1 00 
For each decree, limiting the time for exhibiting the 

claims of creditors, 25 
For each order of distribution, 50 
For each order on an executor or administrator to pay 
out of the estate to creditors, in proportion to their 
debts, 25 
For copies of exemplifications of records, every seventy- 
two words, 15 
Official certificate and seal, 50 
Making out order for publication, 25 
For allowing an appeal to the circuit court, 25 
For issuing each special writ or summons with seal, 25 

Fees of the Clerk of the Supreme Court. 

For each writ of error and seal, with supersedeas, 1 00 
For each writ of error and seal, without supersedeas, 75 
For each bond, when not furnished by the party, 50 
Filing each paper, excepting records and papers on ap- 
peals and writs of error, GJ 
Filing each record and accompanying papers, on ap- 
peals and writs of error, as returned by the inferior 
courts, 20 
Docketing cause, 12 \ 
Entering each rule or order of court, each entry being 



FEES. 291 

considered as one order, 25 

Execution and seal, 50 

Entering sheriff's return on any writ or execution, \2\ 

For each subpena and seal, 50 

For each scire facias, mandamus, and other special pro- 
cess, for every seveniy-two words, 18 

Sealing the same, 25 

Bringing any particular record into court of a suit, mat- 
ter, or thing not before the court, 25 

Copy of a record or other proceedings, for every seven- 
ty-two words, 15 

Entering judgment or decree, for every seventy-two 

words, 18 

Entering each continuance from one term to another, 12 J 

Making complete record when directed by the party, for 

every seventy-two words, 15 

For each official certificate and seal, other than to the 

process of the court, 50 

Each official certificate, as aforesaid, without seal, 25 

Entering attorney on the roll, administering oath, and 

certifying the same, 1 00 

Making bill of costs for execution, and entering the same 

in the cost book, 37| 

Copy of the same when requested by either party, 25 

Administering each oath, \2\ 

# Clerks' Fees in the Circuit Courts. 

For each capias, summons, subpena, and other process 

not herein specified, and sealing the same, 50 

Provided, That only one subpena shall be charged for 
every four witnesses, unless actually made out on re- 
quest in writing. 
For riling each paper in the progress of a suit, and ap- 
pertaining to the same, excepting papers on appeal 
from justices of the peace, 6| 

Filing the papers on appeals from justices of the peace, 
' taking appeal bond and issuing injunction thereon, 50 

Taking bond for costs, 25 

Filing and opening each deposition, 12J 

Entering each suit on the docket for trial, 12£ 

Entering each order or rule of court for continuance, 
default to plead, or any order actually entered in the 
progress of a suit, and counting the whole as one en- 
try, 25 
For each discontinuance, retraxit, or non suit, 25 
For each dedimus or commission to take depositions, 50 
Bringing any particular record into court of a suit, mat- 
ter, or thing, not properly before the court, 25 
Calling and swearing each jury, 18| 
Swearing each witness on the trial of a cause, (Ji 

See Act of Jan. 23, 1829, following. 



292 FEES. 

Swearing any person to an affidavit, 12| 

Receiving and entering the verdict of a jury, 12| 

Entering each decree or final judgment in a cause, 25 

Issuing each writ of habeas corpus, certiorari, or proce- 
dendo, 50 
Assessing the damages on any bond, note, or other in- 
strument for the payment of money, by order of the 
court, and making a report thereof in writing, 25 
Entering special bail on record, in each case, 25 
Making a list of jurors when requested, 12J 
Swearing constable to take charge of a jury, 6J 
Issuing execution, 50 
Docketing the same, 12J 
Entering sheriff's return on each execution, 12 J 
Entering satisfaction of judgment, 25 
Entering the report of commissioners or referees, or the 
award of arbitrators, and all other special entries, for 
every seventy-two words, \%\ 
For each official certificate and seal, other than the pro- 
cess of the court, 50 
Taking bond in cases of foreign or domestic attachment, 50 
Taking injunction bond in chancery, 50 
Taking bond in cases of appeal to the supreme court, 50 
Entering appearance of attorney but once in each suit, \%\ 
Entering plaintiff's or defendant's appearance, but once 

in each cause, 12J 

For each attachment for a witness, or other person, 50 

For each venire facias, or a jury warrant, when actually 

issued, 37| 

Making bill of costs for each execution, and entering the 

same of record, being one charge, 37J 

Copy of same, when requested by either party, 25 

Making complete record of proceedings and judgment, 
when directed by the court, for every seventy-two 
words, \2\ 

Copy of bill, answer, declaration, pleadings, judgment, 

or other proceeding, for every seventy-two words, 12J 

Certifying and sealing the same when requested in 
* writing, 50 

For each commission, scire facias, ar other special writ 
or process, and sealing the same, for every seventy- 
two words, 15 
Taking depositions when requested, for every seventy- 
two words, \2\ 
Taking acknowledgment of a sheriff's deed, 25 
Entering the acknowledgment of the sheriff to a deed, 

when made in open court, 25 

Administering oath of naturalization, 25 

Making entry of naturalization of record, for every sev- 
enty-two words, 15 
Taking each recognizance, and entering the same, 37J 
Arraigning prisoner at the bar, 50 
Entering the pleadings in a criminal cause, 25 



Jan. 23, 
1829. 



FEES. 293 

For each copy of an indictment, when requested, for 

every seventy-two words, 15 

Entering judgment of conviction, 25 

Entering discharge of recognizance, 12J 

For a copy of the list of grand or petit jurors, when re- 
quested, in a criminal cause, 25 

For swearing jurors, witnesses, and all other persons, the 
same fees shall be allowed as in civil cases : and in all 
criminal cases, where the defendant shall be acquitted, 
or otherwise legally discharged without payment of 
costs, the clerk shall receive such compensation, as 
the county commissioners shall order, not exceeding 
thirty dollars per annum. 

Clerks' Fees in the County Commissioners' Court, 

For each writ, summons, subpena, or other process, with 

seal, 50 

Filing each paper, 6 J See act of 

Entering each order of court, 12£ 

Administering each oath, 6| 

Each certificate and seal to anyjpaper, other than to pro- 
cess, 50 

Official certificate without seal, 25 

For each license, and taking bond for a ferry, toll 

bridge, or turnpike road, 1 00 

For each tavern license, and taking bond, 1 00 

For each marriage license, 1 00 

For each copy of rates for a ferry, toll bridge, turnpike 

road, or tavern, 25 

Filing and recording marriage certificate, 12J 

Making each bill of costs, and copy, 25 

For each writ of ad quod damnum, 50 

For copies of all records and proceedings, when made 

out on request, for every seventy-two words, 12J 

Taking depositions when requested, for every seventy- 
two words, 12 J 

For taking proof in cases of estrays, and granting cer- 
tificate of the same, 25 

For registering each certificate transmitted to him by a 

justice of the peace, in cases of estrays, 12 1 

For advertisements in such cases, including the copy for 

newspaper publication, 50 

For trying and sealing weights and measures by the 

county standard, 12£ 

Provided, That no fees herein allowed shall be charged 
for services rendered the county : but the county com- 
missioners' court shall, from time to time, allow their 
clerk such reasonable compensation per day, at each 
session, as they may judge proper for his services. 



294 FEES. 

Fees of the Attorney General and Circuit Attorneys, 

For each conviction in a criminal cause, where the 
crime is infamous, and the offender subject to cor- 
poreal punishment, 10 

For each conviction where the crime is not infamous, 
and the defendant is subject to fine or imprisonment 
only, 5 

Fees of the successful party at Law. 

There shall be allowed to the successful party in each 
civil action in the circuit and supreme court, the 
following docket fees, to wit : 

In each suit in which the title to lands shall come in 

question, 5 00 

In each suit where the title to lands does not come in 
question, 2 50 

In each chancery suit, 5 00 

Which said fees shall be taxed in the bill of costs against 
the unsuccessful party, whether plaintiff or defendant : 
Provided, That not more than one docket fee shall be 
taxed against the same person in any one cause in the 
same court. 



Sheriff's Fees. 

For serving a writ or summons on each defendant, 50 

Taking special bail, 25 

For serving a subpena on each witness, 25 

For summoning jury, (grand jury excepted,) each case, 50 

Advertising property for sale, 25 

Returning each writ or other process, \%\ 
Mileage for each mile of necessary travel, to serve any 
such writ or process as aforesaid, calculating from the 
place of holding the court, to the place of residence 

of the defendant or witness, for going only, 6J 

Calling the jury in each cause, 12| 

For levying an execution, 50 

Returning the same, 12£ 
Serving and returning a scire facias to revive a judgment, 

to foreclose a mortgage, or against bail, 62 \ 

For committing each person to jail, 37 \ 

Discharging each person out ol jail, 37| 

Dieting each prisoner per day, 37J 
For attending before a judge with a prisoner, on a writ 

of habeas corpus, 1 00 

For each mile of necessary travel in taking such prisoner 

before the judge as aforesaid, 6 J 
Serving a writ of possession, with the aid of the posse 

comitatus, 2 00 

Serving the same without such aid, 1 00 



1 50 



FEES. 295 

Mileage in either case, for each mile of necessary travel 
from the place of holding court to the place where 
such is served, for going only, «4 

Executing a writ of ad quod damnum, attending the 
inquest, and returning the writ with the verdict of the 
jury, * 00 

For summoning a jury in a case of forcible entry and 

detainer, and attending the trial, 2 00 

For attending the circuit and county commissioners' 
courts, to be allowed and paid out of the county 
treasury, 1 00 

For summoning each appraiser to value property, 25 

For swearing each appraiser when summoned, 6J 

For executing and acknowledging a deed, on sale of real 
estate, 

For making certificate of sale previous to the execution 

of the deed, 25 

For taking a replevin, replevy, or forthcoming bond, 50 

For taking each bail bond or recognizance in a criminal 

cause, when required by law, 50 

For executing a capias on a defendant in a criminal cause, 

where the offence is infamous, 1 00 

For executing a capias Where the offence is not in- 
famous, 50 

Mileage for each mile of necessary travel from the 
place of holding court to the place of making the 
arrest, 6J 

Serving a declaration in ejectment on each defendant, 

and making affidavit of service, 62| 

Mileage for each mile of travel, from the place of 
holding court to the place of residence of such 
defendants, 6£ 

For conveying each prisoner from his own county to the 
jail of a foreign county, for each mile of travel, going 
only, 10 

For committing each prisoner to jail under the laws of 
the United S:ates, to be paid by the marshal, or other 
person requiring his confinement, 37£ 

Dieting such prisoner per day, 37£ 

For each month's use of the jail during the confinement 
of such prisoner, to be advanced as aforesaid, and paid 
into the county treasury, 50 

For discharging such prisoner, 37£ 

In addition to the above fees, there shall be allowed to 

the several sheriffs in this state, a commission of five per 

centum on the amount of all sales of real and personal 

estate, which shall be made by virtue of any execution See act of 

issued in pursuance of law, where the money arising from jS® 23 ' 

such sales shall not exceed the sum of two hundred dol- 
lars ; but in all cases where the amount of any such sale 
shall exceed that sum, a commission of two and a half 
per centum on the excess only shall be allowed : Pro- 
vided, That in all cases where the execution shall be 



296 FEES. 

settled by the parties, replevied, stopped by injunction, 
or paid, or where the properly levied upon shall not be 
actually sold, only one half of the above commission shall 
be charged. And no other fees or compensation what- 
ever shall be allowed on any execution, except the 
necessary expenses for keeping perishable property, to 
be ascertained and allowed by the court out of which the 
same shall have issued. In all cases where any of the 
sheriffs in this state shall be required by law to execute 
any sentence of punishment, other than imprisonment, for 
which no fee is allowed by this act, it shall be the duty 
of the county commissioners' court of the proper county 
to allow a reasonable compensation for the same, to be 
paid out of the county treasury. It shall be the duty of 
each sheriff, entitled to mileage under this act, to endorse 
on each writ, summons, subpena, or other process, that 
he may execute, the distance he may travel to execute 
the same, ascertaining the distance, and the charge pro- 
perly allowable therefor, in conformity with the foregoing 
regulations. In a'l criminal cases where the defendant 
shall be acquitted, or otherwise legally discharged, with- 
out payment of costs, the sheriff shall not be allowed any 
fees ; but the commissioners' court shall annually allow 
the sheriff such compensation for ex-officio services, 
not exceeding thirty dollars, as they shall think proper. 

Coroner's Fees. 

For holding an inquest over a dead body, when required 

by law, 5 00 

For summoning the jury, 75 

For burial expenses, &c, 10 00 

All of which fees shall be certified by the coroner, and 
paid out. of the county treasury, when the same cannot be 
collected out of the estate of the deceased. And when- 
ever the coroner shall be required by law to perform any 
of the duties appertaining to the office of sheriff, he shall 
be entitled to the like fees and compensation, as shall be 
at the time being, allowed by law to the sheriff for the 
performance of similar services. 

Justice's Fees in Criminal Cases. 

For taking each complaint in writing, under oath, 25 
For taking the examination of the accused, and the 
testimony of witnesses in cases of felony, and return- 
ing the same to the circuit court, for every seventy- 
two words, \2k 
For each warrant, 25 
Taking recognizance, and returning the same, 50 
For each subpena, 25 
Administering each oath, 6£ 
For each jury warrant in a trial of assault and battery, 25 



FEES. 297 



For entering the verdict of the jury, 
For each order or judgment thereon, 25 

For each mittimus, 25 

For each execution, 25 

For entering each appeal, 25 

For transcript of judgment and proceedings in cases of 

appeal, 50 

But in all cases where the defendant shall be acquitted, 
or otherwise legally discharged, without the payment of 
costs, the justice shall not be entitled to any fees. 

Justice's Fees in Civil Cases. 

For every warrant, summons or subpena, 18| 
For each continuance, 12J 
Administering an oath, 6| 
Issuing dedimus to take depositions, 25 
Taking each deposition when required, for every seven- 
ty-two words, 12| 
Entering judgment, 5 
Issuing execution, 25 
Entering security on docket, 25 
Scire facias to be served on security, 25 
Notification to each referee, 25 
Entering the award of referees, . 37J 
Entering appeal from justice's judgment, 25 
For each transcript of the judgment and proceedings be- 

fore the justice on appeal, 25 
Issuing process of attachment, and taking bond and se- 
curity^ 75 
Entering judgment on the same, 25 
Docketing each suit, 12J 
Taking the acknowledgment or proof of a deed or other 

instrument of writing, 25 

For each precept, on forcible entry and detainer, 50 
On trial, per day, 2 00 
Making complete copy of proceedings thereon, 2 00 

For each jury warrant, 25 
For each marriage ceremony performed, 1 00 

For each certificate thereof, 25 
For administering the oath to the finder or taker up in 
cases of estrays, &c. making an entry thereof, with 
the report of the appraisers, and making and transmit- 
ting a certificate thereof to the clerk of the county 

commissioners' court, 50 

Constables' Fees in Criminal Cases. 

For serving a warrant on each person named therein, 25 

Mileage, to be computed from the office of the justice 
who may have issued the same, to the place of ser- 
vice, for each mile, (ji 
Serving each subpena, 121 
38 



298 FEES. 

Mileage from the justices' office to the residence of the 

witness, per mile, 6J 

Taking each person to jail when committed, 25 

Mileage from the justices' office to the jail, per mile, GJ 

For summoning jury in case of assault and battery, 50 

But in all cases where the defendant shall be acquit- 
ted, or otherwise discharged, without the payment of 
costs, the constable shall not be entitled to any fees. 

Constables' Fees in Civil Cases. 

Serving and returning each warrant or summons, 25 

Serving and returning each subpena, 12J 

Serving and returning execution, 50 

Advertising property for sale, 25 

Commission on sales not exceeding ten dollars, ten 
per centum ; and on all sales exceeding that sum, six 
per centum. 

Attending trial before a justice in each jury cause, 25 

Serving jury warrant in each case, 50 

Each day's attendance on the circuit court, when re- 
quired to be paid out of the county treasury, 1 00 
Mileage, when serving a warrant, summons, or subpena, 
from the justice's office to the residence of the de- 
fendant or witness, per mile, 5 
For serving warrant on appraisers in cases of estrays, &c. 25 

Witnesses' Fees. 

Every witness attending in his own county, on trial, per 

day, 50 

Attending in a foreign county, going and returning, per 

day, accounting 20 miles for each day's travel, 1 00 

Every witness, when attending for the purpose of having 

his deposition taken, per day, 50 

Provided, That no allowance or charge shall be made 
for the attendance of witnesses, as aforesaid, unless the 
witness shall make affidavit of the number of days he or 
she actually attended ; and that such attendance was at 
the instance of one or both of the parties, or his, her, 
or their attorney. 

Jurors' Fees. 

To every juror sworn in each civil action in the circuit 

court, _ 35 

To each juror sworn in a civil case, before a justice of 

the peace, 25 

For attending an inquest over a dead body, when sum- 
moned by the coroner, to be paid out of the county 
treasury, 25 



FEES. 299 

Arbitrator's Fees. 

To each arbitrator for every day he shall be necessarily 
employed in performing the duties of his appointment, 
where the award is to be made the judgment of the 
circuit court, 2 00 

For every arbitrator or referee, for each day he shall 
be necessarily employed in making up his award in 
cases before justices of the peace, 1 00 

Recorders' Fees. 

For recording all deeds, mortgages, and other instruments 

of writing, for every 100 words, 15 
For copies of the same, when requested, for every 100 jln.^l 

words, 12| 1829. 

For every search of record, 12| 

Official certificate with seal, when requested, 37 J 

For each certificate, without seal, 25 

Fees of Notaries Public. 

For noting a bond, promissory note, or bill of exchange 

for protest, 25 

For protesting and recording the same, 50 

For noting without protest, 25 

For notice to endorsers, &c. each, 25 

For affixing the seal notarial, 25 

For each certificate, 25 

County Surveyors' Fees. 

For establishing each quarter section of land, 2 50 

For establishing each half-quarter section of land, 2 00 

For each town lot over ten, and not exceeding forty in 

number, 371 

For each town lot over forty, and not exceeding one 

hundred, 25 

For each lot over and above one hundred, 18 3 

For laying off land, under a writ of ad quod damnum, 2 50 

And each surveyor shall be allowed the sum of two dol- 
lars per day in full compensation for travelling ex- 
penses, when necessarily engaged in the discharge of 
the duties of his office. 

Fees for Guarding Jail. 

To each man, for every twenty-four hours guarding jail 
when required, on producing the jailer's, sheriff's, 
coroner's, or justice's of the peace certificate of the 
same, to be paid out the county treasury, 1 00 

And to the end that all persons chargeable with the fees afore- 
said, due to the several above named officers, (except such as are 



300 FEES. 

Officers to to be paid by the respective counties,) may certainly know for 
feTbill, a what the same are charged, none of the fees herein before men- 
tioned, shall be payable to any such officer, until a bill of the same 
shall have been presented to the person chargeable with the same, 
stating the particulars of the said bill, and signed by the officer to 
whom the same are payable ; or until a fee bill shall have been is- 
sued by the clerk, as hereinafter provided. 

Sec. 7. If any or either of the aforesaid officers shall charge, 
ffc^fr claim, demand, exact, or take any other or greater fees than are 
gal fees, herein before set down and allowed for any of the services specified 
in this act ; or shall charge, demand, or take any of the said fees 
when the services for which such fees are charged, shall not have 
been actually performed, such officer shall pay to the party injured 
two dollars for every item so charged and exacted ; to be sued for 
and recovered in any court having cognizance of the same : Pro- 
Proviso, vided, always, that if any person against whom any fee bill, within 
this act, shall be charged, shall conceive himself or herself aggrieved 
by any such charges, that the same is overcharged, or contains 
charges for services not actually rendered by such officer, it shall 
be lawful for such peison, after paying the same, or having re- 
plevied the said fee bill, by giving bond, with sufficient security, to 
pay the same at the next ensuing circuit court of his county, (and 
may be re- n sna ^ De tne duty of the sheriff, or other officer, to take such 
pievied. bond and allow said replevin,) to present the said fee bill to the 
circuit court of the county where the person so charged therewith 
And if im* s \ Vl] \\ reside ; whose duty it shall be to inspect the said fee bill ; 
proper. ^^ .^ ^ a pp ear ^ lnat a0 y j tem or c [ jar g e j s contained in said fee 

bill not authorized by law, or for services not actually rendered, 

the said judge shall proceed to quash such fee bill and bond, if one 

To be be given, and if the money has been collected thereon, he shall 

1he]udcre! J order the clerk to restore the same, and shall impose a fine on such 

clerk, in favor of the party injured, of not less than one dollar, nor 

more than three dollars, for every item erroneously charged in said 

fee bill by said clerk ; and shall grant to the party injured, process 

of attachment, to recover back the amount of such fee bill, when 

f . paid, and also the fine or fines so imposed ; but if it shall appear 

iuredtT" t0 tne sa 'd judge, that such fee bill is correct, the party charged 

proceed to w \\\) the same, shall pay to such clerk, an interest on the amount 

T the° V money, of such bill at the rate often per centum per annum, from the time 

of the delivery of such bill till die same be paid. 
Clerk's du- Sec 8. The clerks of the supreme and circuit courts shall, at or 
lifeebooks. after every term of their respective courts, make and set down, in 
a book to be kept for that purpose, a fee bill in each cause, in v\hich 
costs shall have been adjudged, including the costs of sheriffs and 
other officers of court, setting down the costs of the plaintiff and 
defendant, which book shall be a public record ; and for the pur- 
pose of collpcting such costs, it shall and may be lawful for such 
clerk, and it is hereby made his duty, when required by any officer 
of the court, interested in the same, to make out a ropy or tran- 
script of such bill of costs and deliver the same to the sheriff of 
the county where the person or persons chargeable with the same, 
shall reside or have property : which fee bills, so issued, shall have 
the force and effect of an execution, and be collected in the same 



FEES. 301 

manner : Provided, nothing herein contained shall be so construed, 
as to prevent the collection of such costs by execution, on final 
judgments. 

Sec. 9. If any sheriff, or other officer to whom any such ^f^fjf. 
bill shall have been delivered, shall neglect to make return thereof, tivetofee 
or to pay the amount of such fee bill, except his own fees, it shall bills - 
and may be lawful for any party interested in such fee bill, to ob- 
tain a rule of court against such sheriff, or other officer, and pro- 
ceed against him by attachment, and recover the same, according 
to the rules and practice of the court where such costs may have 
accrued. 

Sec 10. Whenever any clerk of any circuit court of this state, contents of 
shall be required to certify the records of the proceedings below to a record of 
the supreme court, such record shall only contain the declaration, ^wecou^ 
writ or summons, plea, demurrer, rejoinder, or olher pleadings in 
the suit, together with the judgment of the court below given 
thereupon, unless such clerk shall be especially directed by the 
court, or the counsel for either party, to insert in the body of such 
record such other pleadings or papers as the court or parties may 
deem material to the matter in controversy ; and if any such clerk 
shall insert in such record, others than those aforesaid, or such as 
he may be especially instructed to insert, he shall not be entitled 
to receive any fee for such paper or pleading as aforesaid. 

Sec 11. Any person who has heretofore been, or who is at w here 
this time the sheriff of any county in this state, and in whose hands sheriffs 
the clerks of their respective counties, have, agreeably to the collected fee 
statute of this state in such cases made and provided, put their fees bills how to 
for collection, and which fees the sheriffs, as aforesaid, have no tP roceed - 
collected, are hereby fully authorized to go on and make such col- 
lections, as if they had done so in strict conformity with the law ; 
together wiih all fees which may be due to them for services as 
sheriffs rendered : Provided, that the division of no county shall, 
in any instance, interfere with such collections. 

Sec 12. The clerks of the circuit and county commissioners' Stationer 
courts, shall provide all the necessary books for their respective and fumi- 
offices ; and a safe press or presses, with locks and keys for the lure for the 
safe keeping of the archives of their respective offices ; and the and circuit 
county commissioners' courts shall make allowances for the same, courts - 
and for articles of stationery necessary for their respective courts, 
out of the county treasury, from time to time ; and the clerk of the 
supreme court shall also procure the necessary books, stationery, 
and presses for the safe deposit of the archives of his office which 
shall be certified by the said court to the auditor of public accounts, 
who shall draw a warrant or warrants on the state treasury for the 
amount of the same. 

Sec 13. It shall be the duty of the county commissioners' 
court, in each county, as soon as the same shall be practicable, to 
cause a suitable room or rooms to be provided, at the court house 
in their respective counties, for the offices of the clerks of the 
circuit courts, and county commissioners' courts ; and when the 
same shall be so provided, the clerks shall keep their offices at the 
place so provided. 

Sec 14. In all cases on judgments, on which execution may, 



302 FEES. 

Cost bills to 0Y shall hereafter issue, from any court of record, the clerk of the 
%ceciltwn. * court from which the same shall issue, shall, at the time of issuing 
thereof, make out under his signature, and deliver to the sheriff or 
coroner, as the case may be, with the execution, a detailed bill of 
the costs in the said suit, from its commencement to its termination, 
in order that the party paying the same, may certainly know with 
and for what he is chargeable ; which said bill, the said officer to 
whose hands the execution may so come, shall deliver to the party 
against whom the execution may be ; and upon his replevying or 
paving the same, togeher with his certificate thereon, that the same 
was so replevied or paid by the said person. 
Penally/or Sec 15. Should any officer, concerned in issuing or executing 
omission. anv execution, hereafter to be issued as aforesaid, fail in the 
duty enjoined on him, in the preceding section hereof, he shall 
forfeit and pay to the party injured, the sum of fifty dollars with 
costs, to be recovered in any court of record in this state, and no 
imparlance or delay shall be allowed therein. 
Clerks to Sec. 16. The clerks of the several courts aforesaid, judges of 
Th^rom-s P r °k ate ? an d justices of the peace respectively, shall be required 
their fees to set up in some conspicuous place in each of their offices, and 
as allowed there continually keep a fair and complete table of their fees, al- 
lowed by this act ; and if any such officer shall fail tu comply with 
the provisions of this section, within three months after this act 
shall take effect, or shall, at any time thereafter, for ten days to- 
gether, not have such table continually kept up as aforesaid, he 
shall forfeit and pay for every such neglect, the sum of ten dollars, 
to be recovered before any justice of the peace of the proper 
county, to the use of any person or persons, who may inform and 
sue for the same. 

Sec. 17. All laws and parts of laws, which may have heretofore 
- , required the clerks of the supreme and circuit courts to make up 

pealed. complete records, except in cases where the title to lands shall 
come in question, and in capital criminal cases ; or where such 
clerks stall be directed by one of the parties concerned, to make 
the same, shall be, and they are hereby repealed ; and if in any 
cause, where the clerk is not required by law, either party shall 
require a complete record, the party so requiring it, shall pay the 
cost of the same. 
Old clerks The clerks of the several circuit courts of this state, heretofore 
allowed to appointed by the late circuit judges, may in all things proceed to 
C fees C . l€ir c °Jlect their fees by fee bill, in the manner provided in this act for 
other clerks ; and may, for that purpose, examine any fee book or 
record, in any of said courts ; and all other acts and parts of acts 
coming within the purview of, or repugnant to this act, be, and the 
same are hereby repealed : Provided, that nothing in this act con- 
Acts re- tained, shall be so construed as to prevent the recovery of salaries, 
pealed. fees, and compensation, which are now due and payable, or which 
may become so before this act takes effect, in the manner pre- 
scribed by the several acts hereby altered and repealed : Provided, 
also, that the act, entitled " An act concerning public officers, and 
the payment, of money out of the state treasury,' 1 approved Jan. 
25, 182G, be and the same is hereby repealed. The 1st, 2d, 3d, 



FEES. 303 

and 4th sections of this act, to take effect from and after its passage, 
the remainder thereof, on the first day of June next. 

Approved, Feb. 19, 1827. 



AN ACT in addition to an act regulating the Salaries, Fees, and in farce 
Compensation of the several officers and persons therein men" J° nuar y 
tioned. 

Sec. I. Be it enacted by the People of the State of Illinois, ^ eesfnay 
represented in the General Assembly, That hereafter it shall be be collected 
lawful for the clerks of the respective courts of this state, who are b b V i e c s onsta ~ 
authorized to issue fee bills, to place the same in the hands of any 
constable of the proper county for collection ; and the constable 
receiving the same shall be liable to the several remedies for any 
default set forth in the act to which this is an addition, therein 
provided. 

Sec 2. The following fees shall be allowed to the judges of X^ e ^L _ 
probate, in addition to the fees now allowed by law, viz : bate. 

Cents. 
For administering oath to each witness, 6J 

Swearing any person to an affidavit, 12| 

Issuing order for writ of certiorari, 25 

Examining petition and application for writ of certiorari, 25 

Issuing injunction, ne exeat or any special writ, 50 

Issuing subpena, attachment, or other process, under seal, 25 
Entering each decree, order, or judgment, except orders 

allowing claims for or against an estate, 25 

Recording appraisement, sale bill, and all other exhibits 
and writings required to be recorded, (wills and codicils 
excepted,) for every hundred words, figures inclusive, 10 

Filing each paper belonging to the settlement of any 

estate, 6j 

Issuing letters of guardianship and recording same, 1 00 

Taking bond of guardian, 50 

Taking any bonds not before specified, 50 

Revoking letters testamentary, administration, or guar- 
dianship, 50 
Swearing each jury, 25 
Writing indenture, to be paid by master, 50 

And for the collection of the fees aforesaid, the judge of probate May issue 
may issue fee bills, directed to the sheriff or to any constable o£ kis J ee bill. 
the county, who is hereby authorized to collect the same as in other 
cases. 

Sec 3. And hereafter the clerks of the courts of county com- Clerks of 
missioners shall not charge any fees for issuing writs of election, c ° ^ y 
comparing election returns, issuing notices to supervisors of roads, 
issuing certificates of allowances made to individuals by the court, 
or for any other services rendered the county ; but the courts shall 
allow their respective clerks such reasonable compensation as they 



304 



FERRIES. 



Recorder' 1 , 
fees. 



Sheriffs 
commis- 
sion on le- 
vies. 



may think right, as an ex officio fee, not exceeding twenty dollars 
per annum, exclusive of a reasonable allowance per day, for their 
attendance on the courts in term time : and so much of the sixth 
section of the act to which this is an amendment, as authorizes the 
county commissioners' courts to allow their clerks a compensation 
per day, for their services rendered the county, is hereby repealed. 

The following fees shall be allowed to the recorders : 

Cents. 

For recording all deeds, mortgages, and other instru- 
ments of writing, for every one hundred words. 15 

For entering every tract of land, over five, in each deed 



or conveyance. 



61 



Clerk's, <$*c. 
. fee for tak- 
ing proof 
or acknow- 
ledgment 
of deed. 
Certificate 
of magis- 
tracy. 

Acknow- 
ledgment 
of deed. 



Sec. 4. So much of the sixth section of the acts, regulating 
salaries, fees, and compensation of the several officers and persons 
therein mentioned, passed on the nineteenth day of February, 
1827, as allows any commission to sheriffs for offering real or 
personal estate for sale, where the execution shall be settled by the 
parties, replevied, or stopped by injunction, or where the property 
shall not be actually sold, is hereby repealed ; and in all such cases 
the sheriff shall be allowed fifty cents for levying, and six and one 
fourth cents a mile for going to, and returning from the place of 
sale. 

Sec. 5. Clerks of the supreme, circuit, and county commis- 
sioners' courts, and notaries public, shall be allowed a fee of twenty- 
five cents for taking the proof or acknowledgment of any deed or 
conveyance, and affixing his official seal. 

Sec 6. Clerks of county commissioners' courts shall be al- 
lowed twenty-five cents for every certificate of magistracy, with 
the official seal annexed. 

Sec 7. Every officer authorized by law to take proofs or ac- 
knowledgments of deeds, is allowed a fee of twenty-five cents, for 
each deed proved or acknowledged before him. 

This act is to be in force from and after its passage. 

Approved, January 23, 1829. 



FERRIES. 



In force 
Feb. 12, 
1827. 



AN ACT to provide for the establishment of Ferries, Toll Bridges 
and Turnpike Roads. 



Sec 1; Be it enacted by the people of the State of Illinois, 

represented in the General Assembly, That whenever it shall be 

County considered necessary to establish a ferry or toll bridge across any 

commis- \ a \ ie river, creek, or any other water course within the limns or 

swnersmay . , . r , r •■ 

establish upon the borders of this state, or to turnpike or causeway any 
ferries and public road or highway, it shall be the duty of the county commis- 

toll bridges '. , r i j r u • j 

sioner s court oi the proper county, on due application being made 
by any qualified person or persons, to establish and confirm the 
same by a special order, to be made for that purpose, under such 



FERRIES. 305 

regulations, restrictions, and forfeitures as are hereinafter directed 
and pointed out : Provided, that no such application shall avail any 
such person or persons as aforesaid, unless his, her, or their inten- 
tion in relation thereto shall have been previously published in some 
public newspaper printed in this state, or advertised on the door of 
the court house, and in three other of the most public places in the 
county, in which such ferry, toll bridge, or turnpike road is pro- 
posed to be established, for at least four weeks, successively, next 
preceding the sitting of the court at which the same shall be made : 
Jlnd, provided further, that the proprietor or proprietors of the 
lands adjoining to, or embracing such water course as aforesaid, 
over which any such ferry or toll bridge shall be proposed to be 
established as aforesaid, or where any such turnpike road shall pass 
as aforesaid, shall, at all times, have the preference in establishing 
or erecting the same in all cases where application shall be made 
for that purpose, before such privilege shall have been granted to 
any other person or persons as aforesaid. 

Sec 2. When any ferry, toll bridge, or turnpike road shall be es- 
tablished as aforesaid, it shall be the duty of the court establishing the Jabiished' 
same, to direct their clerk to issue to the proprietor or proprietors 
thereof, a license under the seal of such court, to keep the same 
according to law : Provided, that every such proprietor or pro- i SSU e. 
prietors, as aforesaid, to whom any such license may be directed 
to be issued as aforesaid, shall, before the issuing thereof, pay into 
the county treasury, or to such person or persons as shall be 
authorized to receive the same, the amount of the first year's tax, 
which may be assessed upon such ferry, toll bridge, or turnpike 
road by said court, and specified in the order establishing the same, 
and enter into bond with one or more sufficient securities, to be 
approved by the court, in a sum not less than one hundred, nor 
more than five hundred dollars ; payable to the county commis- 
sioners of the proper county, and their successors in office, for the 
use of such county, with a condition therein contained, that he, she, 
or they will keep such ferry, toll bridge, or turnpike road according 
to law ; and if default shall, at any time, be made in the condition 
of said bond, damages not exceeding the penalties therein mentioned 
may be sued for, and recovered in the name of the county com- 
missioners for the use of the county wherein such ferry, toll bridge, 
or turnpike road shall have been established, in any court having 
competent jurisdiction. 

Sec. 3. Each ferry-keeper shall be furnished and provided Duty of 
with a good tight boat or boats, if more than one be necessary, imd-f err y kee P" 
other small craft of sufficient number, dimensions, strength, and 
steadiness, for the safe and speedy transportation of all passengers, 
their teams, horses, cattle, and other animals, as well as their 
goods, chattels, and eiTects ; and the said boat or boats and other 
small craft shall, at all times, be well furnished with suitable oars, 
setting poles, rigging, and other implements necessary for the ser- 
vice thereof; and also, with men of sufficient number, strength, 
discretion, and skill to manage the same ; and such ferry-keeper 
shall, at all times, keep the place of embarking and landing in good 
repair, by cutting away the banks and erecting wharves and cause-; 
ways when necessary, so that passengers, their teams, horses, 
39 



306 



FERRIES. 



Duty of 
toll bridge 
and turn- 
pike keep- 
ers. 



Further 
duty. 



Proviso. 



Their lia- 
bility. 



cattle, and other property, may be embarked and landed without 
danger or unnecessary delay. 

Sec 4. Every keeper of a toll bridge or turnpike road, shall, 
in like manner, be required to keep the same at all times in good 
repair, so as to afford a safe and speedy passage to all persons, 
their teams, horses, cattle, and other animals, who may have 
occasion to use the same. 

Sec. 5. Every keeper of a ferry, toll bridge, or turnpike road 
as aforesaid, shall give constant and diligent attention to the same 
from daylight in the morning until dark in the evening of each day, 
and shall give passage to all public messengers and expresses, to 
all grand and petit jurors, when going to and returning from court, 
without any fee or reward whatever : Provided, that no messenger 
or express shall be considered as being sent on public service, 
within the meaning of this act, unless he shall have been despatched 
by a commander-in-chief, major, or brigadier general, colonel, 
lieutenant-colonel, major, or commandant of some military post or 
establishment, to the governor or commander-in-chief of the militia 
of this state, or vice versa ; and the despatch carried by such mes- 
senger or express, be endorsed, "on public service," and signed 
by the officer sending the same. 

And all such keepers of ferries, toll bridges, and turnpike roads 
as aforesaid, shall also be obliged at any hour of the night, if re- 
quired, except in cases of evident danger, to give passage to all 
public messengers and expresses as aforesaid ; and also to all other 
persons requiring the same, on their paying or tendering double the 
rate of ferriage or toll allowed to be taken during the day time. — 
And if any such keeper of a ferry, toll bridge, or turnpike road as 
aforesaid shall, at any time, neglect or refuse to give passage to 
such person or persons, or their property as aforesaid, he or she 
so offending, shall forfeit and pay five dollars for every such offence 
to the party aggrieved, before any justice of the peace of the 
county wherein such offence shall be committed, and shall also be 
liable to an action on the case for any special damage, which any 
such person may sustain in consequence of such neglect or refusal. 
But no ferryman shall be required to put off from shore, or to 
attempt to pass any such water-course as aforesaid, when it 
manifestly appears to be hazardous so to do, by reason of any flood, 
storm, tempest, or ice ; nor shall any keeper of a ferry, toll bridge, 
or turnpike road as aforesaid, be compellable, (except as is here- 
inbefore excepted,) to give passage to any person or persons, or to 
NotUabie^ his, her, or their property as aforesaid, until the fare or toll, pro- 
Inadoanci P erl y chargeable by such keeper, shall have been fully paid or 
tendered ; and every juryman to entitle him to the benefit of this 
section, shall produce to the ferry-keeper, &c. the certificate of die 
sheriff of his county, that he has been duly summoned to serve on 
the grand or petit jury at the term of the court, to or from which 
he is going. 
Rates, Jww Sec 6. The county commissioners' courts in their respective 
Jixed. counties are authorized and required to fix, from lime to time, the 
rates, fare, or toll, which each keeper of any ferry, toll bridge, or 
turnpike road shall hereafter demand, for the passage of all persons, 
wagons, carts, carriages, horses, cattle, sheep, hogs, and other 



FERRIES. 307 

property, having due regard to the breadth and situation of the 
stream or water-course over which such ferry or bridge shall be 
established, the dangers and difficulties incident thereto, the length, 
breadth, and quality of the road, and the publicity of the place at 
which the same shall have been established. And every such 
keeper of a ferry, toll bridge, or turnpike road, as aforesaid, who 
shall, at any time, demand and take more than the fare or toll so 
stated and allowed as aforesaid, shall forfeit and pay to the party 
aggrieved, for every such offence, the sum of five dollars over and 
above the amount which shall be thus illegally demanded and taken, 
to be recovered before any justice of the peace of the county 
wherein such offence shall be committed. 

Sec. 7. Each keeper of a ferry, toll bridge, or turnpike road, Rates to be 
which now is, or shall hereafter be established in this state, shall y e postedupai 

, ' . . i • r i femes, 

required to set or post up in some conspicuous place, immediately 
adjoining his or her ferry landing, toll bridge, or turnpike gate, a 
painted, printed, or written list of the several rates or fares, which 
shall be chargeable at such ferry, toll bridge, or turnpike gate, so 
that the same shall not exceed those which shall, from time to time, 
be allowed by law ; which said lists of fares or rates as aforesaid 
shall, at all times, be painted, printed, or written in a plain, legible 
manner, and posted up so near the place or places where persons 
shall pass across such ferry, toll bridge, or turnpike road as afore- 
said, that the same shall be open and legible to all such passengers : 
And if, at any time, any such keeper as aforesaid, shall refuse or 
neglect to put up such list of rates or fares as aforesaid, it shall not 
be lawful to charge any ferriage or toll, or to take any compensation 
whatever, at any such ferry, toll bridge, or turnpike gate, during 
such delinquency. 

Sec. 8. All persons shall be received into such ferryboats or Liability 
other vessels as aforesaid, and conveyed across the water course, wnform- 
over which the same shall be established, according to their arrival ing to this- 
or first coming to the said ferry : And if any ferry-keeper shall act acL 
contrary to this regulation, he shall forfeit and pay the sum of three 
dollars for every such offence, to the party aggrieved, recoverable 
before any justice of the peace of the county wherein such offence 
shall have been committed : Provided, that all public officers, or 
such as go on public or urgent occasions, as post riders, couriers, 
physicians, surgeons, and midwives shall, in all cases, be the first 
carried over, where all cannot go at the same time. 

Sec. 9. The owner or owners, keeper or keepers, at all ferries ~ 
and toll bridges, which now are, or hereafter shall be established keepers to 
by law, and kept agreeably to this act, shall have the exclusive h ? ve (X . d y^ 
pnvuege or the transportation or passage ol all persons, their teams, legeoffer- 
horses, cattle, and other property over or across the same, and be r v ir} s- 
entitled to all the fare by law arising; therefrom : Provided, that „ . 

, . , • • i i ii i i Proviso. 

nothing herein contained shall be construed to prevent any person 
or persons from crossing any stream or water course, over which 
any such ferry or toll bridge shall be established as aforesaid, in his 
or her own boat or other craft, on his or her own business ; 
and also to take in and cross his neighbors where the same is 
done without fee, and not with intention to injure any ferryman 
near. 



308 FERRIES. 

^do^rivr ^ EC ' ^' ^ berries heretofore established and confirmed over 
how regu- the river Ohio, to the proprietor or proprietors of land on the 
lated. western shore of said river by the county commissioners' courts of 
any of the counties bounded by or situate upon said river, as well 
as all other ferries and toll bridges which have, at any time been 
established over any other of the lakes, rivers, creeks, or other 
water courses, within the limits or upon the borders of this state, 
and where the same have been kept in operation or repair, from 
time to time, according to law ; and have not at any time since 
their establishment been discontinued or abandoned, shall be, and 
they are hereby declared to be established ferries and toll bridges, 
within the meaning of this act. 
Ferry priv- Sec. 11. If any person or persons except those whose ferries 
\endeT~ or toll bridges are established and confirmed by this act, or shall 
three miles, hereafter be established and licensed by some county commission^ 
ers' court under the provisions of this act, shall, at any time, run 
any boats or other craft, for the purpose of conveying passengers 
or their property across any such water course as aforesaid, within 
three miles of any ferry or toll bridge which now is, or hereafter 
shall be established as aforesaid, except as is hereinbefore allowed, 
he, she, or they so offending shall forfeit every such boat or boats, 
or other craft to the owner or proprietor of the ferry or toll bridge, 
within three miles of which, the same shall be run as aforesaid ; 
and the owner or proprietor of such ferry or toll bridge may, at 
any time after such forfeiture shall have accrued, enter upon and 
take possession of such boat or boats, or other craft to his or her 
own use ; and such offender shall, moreover, pay to the proprie- 
tor of such ferry or toll bridge as aforesaid, who may be aggrieved 
as aforesaid, the sum of fifteen dollars for each person who may 
be thus unlawfully carried or conveyed across any such water 
course as aforesaid, to be recovered by motion before any justice 
of the peace of the proper country, upon giving to such offender 
five days notice of the time and place of making such motion ; 
which notice may be served on such person or persons, either 
in or out of the state, by delivering or tendering a copy thereof. 
Sec. 12. For the encouragement of ferry-keepers, and the 
empt^fram keepers of the gates of toll bridges and turnpike roads, and in con- 
ccrtain da- sideration of their giving a free passage to public messengers and 
others exempted by this act, all men necessarily attending on fer- 
ries, toll bridges, or turnpike gates in this state, shall be free from 
military duty, of opening and repairing highways, so far as person- 
al service is required, and from serving on juries. 
Ferries to $ec. 13. If any ferry or ferries which now are, or hereafter 
be well may be established as aforesaid, shall not be furnished with suf- 
'wUh'boafs, ficient boat or boats, or other craft, with the necessary oars, set- 
4*c. ' ing poles, rigging, and other implements for the service thereof, and 
also with a sufficient number of able bodied and skilful ferrymen, 
as is provided in the third section of this act, within three months 
from the establishment thereof, or if any toll bridge or turnpike 
road, which now is, or hereafter shall be established as aforesaid, 
shall not be erected and completed agreeably to the terms and con- 
ditions imposed by the county commissioners' court, within twelve 
months after the establishment thereof, or if any such ferry, toll 



FERRIES. 309 

bridge, or turnpike road shall not, at anytime hereafter, be kept in 
good condition and repair, agreeably to the provisions of this 
act, or if the same shall, at any time be abandoned, disused, or 
unfrequented lor the space of six months, it shall and may be lawful 
for the county commissioners' court of the proper county, on com- -. 
plaint being made, to summon the proprietor or proprietors of such /or ferries 
ferry, toll bridge, or turnpike road, to shew cause why the same revokable - 
should not be discontinued, and their license revoked ; and decide 
thereon according to the testimony adduced, and as shall be agreea- 
ble to equity and justice ; which decision, when made, shall be valid 
in law to all intents and purposes, but subject to appeal to the cir- 
cuit court, as in other cases. 

Sec. 14. All ferries, toll bridges, and turnpike roads, which Subject to 
now are, or hereafter may be established as aforesaid, shall be sub- ?a X annua 
ject to an annual tax of not less than two, nor more than one hun- 
dred dollars, in the discretion of the county commissioners' court 
of the county in which the same shall be located ; which tax, when 
assessed, shall be collected and paid over as other taxes are, and 
shall constitute a part of the county revenue. 

Sec. 15. If the county in which any toll bridge, or turnpike Counties 
road shall be established and erected as aforesaid shall, at any time, ^ase^oii 
pay or cause to be paid to the proprietor or proprietors thereof, bridges. 
the original cost of such toll bridge, "or turnpike road as aforesaid, Turnpike 
with ten per cent, interest thereon, then the said bridge or road roads - 
shall cease to be private property, and shall become a public 
bridge or highway. 

Sec 16. No person shall establish, keep, or use any ferry, toll Persons 
bridge, or turnpike road as aforesaid, for the conveyance or passage ^ ^ry 
of persons and their property as aforesaid, for profit or hire, unless without U-. 
he or she shall be licensed as directed by this act, under the penal- cense ' 
ty of five dollars for each offence, recoverable before any justice 
of the peace of the county wherein such offence shall be commit- 
ted ; the one half thereof shall go to the person suing for the same, 
and the other half to the county ; and if any person or persons 
not licensed as aforesaid shall, at any time, pass any person or per- 
sons, or their properly as aforesaid, except as is provided in the 
ninth section, over any lake, river, creek, or any other water course, 
where any ferry or toll bridge shall, at the time, be established, and 
kept as aforesaid, or within three miles thereof, either with or with- 
out compensation, with intent to injure the keeper or proprietor of 
such ferry or toll bridge, he, she, or they shall incur the same for- 
feitures, and may be proceeded against in the same manner as is pro- 
vided in the eleventh section : Provided, that it shall not be consid- Pr0VlS0 < 
ered illegal for any person or persons to pass any person or his prop- 
erty without compensation, in cases where it shall be made to appear 
that such established ferry or tolj bridge was not, at the time, in 
actual operation, or in sufficient repair to have afforded to such 
person or his property a safe and speedy passage. 

Sec 17. That the act entitled "An act to establish and regu-^ c ' sre > 
late ferries," approve/! February 20, 1819 ; the act entitled "An peufi ' 
act to amend an act, entitled an act to establish and regulate ferries," 
approved, February 20, 1819, approved, February 9, 1821 ; the 
act, entitled "An act to amend an act, entitled an act to establish 



310 FERRIES. 

and regulate ferries," approved, January 10, 1825 ; the act enti- 
tled "An act authorizing the county commissioners to grant licenses 
for the erection of toll bridges and turnpike roads," approved, 
March 27, 1819 ; and all other acts and parts of acts coming with- 
in the purview of, or repugnant to this act, be, and the same are 
hereby repealed : Provided, always, that nothing in this act con- 
tained, shall be construed to interfere with, infringe, restrict, or 
impair any of the rights or privileges which have been heretofore 
granted and confirmed to any person or persons, by virtue of any 
former law of this state. This act to take effect from and after its 
passage. 

Approved, Feb. 12, 1827. 



In force AN JlCT supplemental to an act, entitled u *ftn act to establish and 
Feb. 12, regulate Ferries^ approved, February 20, 1819." 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That the ferries heretofore 
established and confirmed over the river Ohio, to the owner or own- 
ers of land on the western shore of said river, by the county com- 
Ferries missioners' court of any of the counties bounded by, or situate 
Quo Hver upon said river, are hereby declared to be established ferries, any 
established, thing in the act to which this is a supplement, approved, Febru- 
ary 20, 1819, notwithstanding. 
courts of Sec 2. The county commissioners' court of the several coun- 
counties on ties which now are, or hereafter may be situated on the river Ohio, 
havecer- sna ^ nave f u W power and authority to grant and confirm to the pro- 
tain extra prietors of land on the western shore of said river, the right to 
Native to' f err T over sa >d r ' v er : Provided, that no ferry shall be granted, 
ferries over said river, within three miles of any established ferry. 

ereon. $!$$'. 3. If any person or persons except those whose ferries 

allowed to are confirmed and established by this act, or shall hereafter be 
ferry except granted and confirmed by some county commissioners' court under 
owners. the provisions of this act, shall run any boat or boats, for the pur- 
pose of conveying passengers across said river Ohio, within three 
miles of any ferry established and confirmed by this act, or which 
maybe granted and confirmed by any county commissioners' court 
under the provisions of this act, he, she, or they shall forfeit every 
such boat or boats, to the owner of the ferry, within three miles of 
which such boat or boats shall be run as aforesaid ; and the owner 
of such ferry may enter upon, and take possession of said boat or 
boats for his own use ; and such offenders shall, moreover, pay to 
the owner of such ferry, within three miles of which said boat 
or boats shall be run, the sum of fifteen dollars for every person 
carried or conveyed over said river in such boat or boats, to be 
recovered before any justice of the peace in the proper county, 
by motion, upon giving such offender or offenders five days notice 
of the time and place of making such motion ; which notice may 



FERRIES. 311 

be served on such person or persons at any place, either in or out 
of the state, by delivering or tendering a copy thereof. 

Sec. 4. And it shall and maybe lawful for the proprietor or '^JjfJJ fix- 
proprietors of ferries established, or which may be established, the rate of 
by authority of this act, their heirs and assigns, to demand and re- ferriage. 
ceive from passengers and other persons, such rates of toll as shall, 
from time to time be established by the county commissioners' 
court of the respective counties in which such ferries may be situate. 

Sec. 5. The ferries which are, or may be established by au- Ferries 
thority of this act, shall be suhject to the same taxes as now are, ^jgiSrf. 
or may hereafter be imposed on other ferries in this state, and un- 
der the same regulations and forfeitures. This act to take effect 
from and after its passage. 

Approved, Feb. 12, 1827. 



AN ACT to amend the several acts therein named, relating to the in force 
several acts concerning the establishing and regulating ferries in ***"*■ 19 ' 
this state. 

Sec. 1 . Be it enacted by the people of the State of Illinois, repre- 
sented in the General Assembly, That so much of an act entitled 
" an act to authorize Samuel Wiggins to establish a ferry upon 
the waters of the Mississippi," approved, March 2, 1819, as pro- 
hibits the establishing a ferry within one mile of the ferry estab- Farts j 
lished by that act ; and so much of the act entitled " an act to au-. former 
thorize Samuel Wiggins to make a turnpike road, and for othpr pur- £^5" 
poses," approved, February 6, 1821, as authorizes the said Wig- 
gins to remove his ferry to any land belonging to him under the 
same privileges that were conferred to him by the act, entitled " an 
act to authorize Samuel Wiggins to establish a ferry upon the waters 
of the Mississippi river," approved, March 2, 1819, as relates 
to the prohibiting the establishing any ferry or the running boats 
within one mile of the ferry established by said last mentioned act, 
and so much of the act entitled " An Act to amend an act to pro- 
vide for the establishment of ferries, toll bridges, and turnpike roads," 
approved, February 12, 1827, amended January 22, 1829, as pro- 
hibits the establishing of any ferry on the waters of the Mississippi, 
Ohio, Illinois, or Great Wabash rivers, within two miles of any 
such established ferry, or toll bridge be, and the same is hereby 
repealed. 

Approved, January 19, 1833. 



312 FIRE COMPANIES. 



In force 
Feb. 12. 
1835. 



FIRE COMPANIES. 

AJY ACT for the Incorporation of Fire Companies. 



Sec. 1. Be it enacted by the people of the State of Illinois, 
Fire com- represented in the General Assembly , That hereafter it shall be 
^formed l avvnj l f° r an y number of persons, resident within any town or cor- 
poration within this State, exceeding forty persons, to form them- 
selves into a company or companies, for the purpose of extinguish- 
ing fire, who, on having their names and subscriptions recorded in 
Authorized x\i e Recorder's office in the proper county, are hereby authorized 
laws 1 . e V ~ to make such rules and regulations as to a majority of said company 
or companies may seem proper and necessary for the procuring of 
engines, buckets, hooks, ladders, and all implements necessary for 
■working said engines and exercising the companies : Provided^ no 
by-law shall be contrary to the laws of this State. 
Declared Sec. 2. So soon as such persons shall have had their names 
bodies poli and subscriptions recorded as aforesaid, they and their successors 
pirate. """" sna ^ ^e, in law and in fact, a body corporate and politic, to have 

continuance forever, by the name and style of ^ The- Fire 

Style. Company ;" and by such corporate name and style, shall be for- 

ever able and capable in law and in equity, — to sue and be sued, 
implead and be impleaded, answer and be answered, defend and 
be defended, in all manner of suits, actions, plaints, pleas, causes, 
matters, and demands of whatever kind and nature they may be, 
in as full and effectual a manner, as any person or persons, bodies 
corporate and politic may or can do. 
Fines and Sec. 3. All fines and forfeitures, for non-attendance or delin- 

Jorfeitures . , . . ' . . . . 

howrecov- quency imposed by the by-laws and regulations to be adopied by 
eredm the companies provided for by this act, not exceedin